'Rape is rape, be it by man or husband': Karnataka HC on marital rape
Bengaluru (Karnataka), March 24: Marriage is no license to "provide special male privilege or a license for unleashing a brutal beast", ruled the Karnataka High Court while refusing to drop rape charges framed by a trial court against a man for allegedly sexually assaulting his wife.
"The institution of marriage does not confer, cannot confer and should not be construed to confer, any special male privilege or a license for unleashing of a brutal beast," said Justice M Nagaprasanna of the Karnataka High Court. The High Court's ruling came on a case filed by a woman accusing her husband of treating her as a "sex slave".
While upholding the husband's rape charge, the single-member High Court bench said, "A man is a man; an act is an act; rape is a rape, be it performed by a man the 'husband' on the woman 'wife'. If it is punishable to a man, it should be punishable to a man albeit, the man being a husband."
At present, the exception to Section 375 of the Indian Penal Code, says sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
The High Court, however, emphasised that the order concerns the framing of charges against the husband and not whether marital rape should be recognised as an offence.
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"It is for the legislature to delve upon the issue and consider tinkering of the exemption. This Court is not pronouncing upon whether marital rape should be recognised as an offence or the exception be taken away by the legislature," the High Court said.
According to the petitioner, her spouse forced her to have unnatural sex in front of their daughter.
Earlier this year, while hearing the pleas relating to the criminalisation of marital rape, the Delhi High Court questioned how the dignity of a married woman is not affected as an unmarried woman when the man imposes himself on her while remarking that relationship cannot put it on a different pedestal as a woman remains a woman.
The Chhattisgarh High Court acquitted a man charged with marital rape in August 2021, ruling that sexual intercourse or any sexual act between a legally wedded couple is not rape, even if done with force.
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-PTC News
