In a significant decision, the Karnataka High Court has upheld the framing of charges against a husband accused of raping his wife. The court said, rape is rape, whether committed by a man on a woman or by a husband on his wife.
Hearing a case on Wednesday, a Karnataka High Court bench upheld the charge of raping the wife by the accused husband. Commenting on the matter, the Bench said, “A man who sexually assaults or rapes a woman is punishable under section 376 of the IPC. The learned senior advocate argues that if the man is the husband, he commits the same act.” One who acts like another man is exempt. In my view, such an argument cannot be accepted. A man is a man; an act is an act and rape is rape, whether by a man on the woman, or by the husband on the wife.”
The High Court further observed that it is the submission of the Senior Advocate that the husband is protected by the institution of marriage for any of his acts, and in my view, the purpose of marriage is not to confer on a person special male privileges or to treat him like a cruel animal. be granted a license. If it is punishable to a man, it should be equally punishable to a husband.
However, the Karnataka High Court said that it is for the legislature to consider the issue and also consider the exemption. This Court is not stating whether marital rape should be recognized as an offense or that this exception should be removed by the legislature. Legislature should consider this issue. If the charge of rape is dropped from the section of alleged offences, it would be gross injustice to the complainant wife.