Rape is rape: Karnataka HC on marital rape, allows charges against husband on woman’s complaint
The court stated that marriage should not be construed to confer, any special male privilege or a license for “unleashing of a brutal beast”.
FollowIn a ground-breaking judgement, the Karnataka High Court in a case of marital rape said marriage is not a license to “unleash a brutal beast”. The Court upheld framing of charges against a husband accused of raping his wife and observed, “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”.”
“The charge framed against the husband under Section 376 of the IPC for alleged rape of his wife does not warrant any interference. If the allegation of rape is removed from the block of offences alleged, it would, in the peculiar facts of this case, be doing tremendous injustice to the complainant-wife and would amount to putting a premium on the carnal desires of the petitioner-husband,” said Justice M Nagaprasanna while hearing the petition filed by the husband before the High Court against the session’s court order.
“It is only on this archaic, regressive and preconceived notion, that cases of this kind are mushrooming in the nation. The constitution of marriage does not in any sense depict the woman to be subordinate to a man. Under the constitution, the rights are equal; protection is also equal”" the High Court said.
“Such sexual assault by a husband on his wife will have grave consequences on the mental sheet of the wife, it has both psychological and physiological impact on her. Such acts of husbands scar the soul of the wives,” it added.
The court stated that marriage should not be construed to confer, any special male privilege or a license for “unleashing of a brutal beast”.
“It has both psychological and physiological impact on her. Such acts of husbands scar the soul of the wives. It is, therefore, imperative for the lawmakers to now hear the voices of silence,” the Court added.
Presently, the Indian Penal Code (IPC) Section 37 grants an exception to sexual activity within marriage. This has provided an exemption to husbands from prosecution for the offence of rape.
The Karnataka High Court was responding to a petition filed by a man seeking to drop charges of rape pending against him under Section 376 of the Indian Penal Code after his wife filed a complaint against him.
