Rape means rape. Even if the husband did not do that. Having sex without the consent of the woman will be classified as rape. The Karnataka High Court made this observation in a case in which the husband is accused of raping his wife. The court said that the husband will be heard under 376.
However, the counsel appearing for the husband had argued that his client had married the woman. He can have sex with her. Such relations cannot be classified as rape. But the court rejected his argument and said that man is man and rape means rape. Such an act will be classified as rape.
A Single Bench of Justice M Nagaprasanna of the Karnataka High Court in its judgment said that for centuries it is believed that a woman is a slave of her husband. Her husband has the right over everything. He can do whatever he wants with him whenever he wants. But now this belief needs to be changed. Strict action is needed in the case of injustice done to women.
The court said that every woman has her own life. Of course, after her marriage, the husband has a significant right over her. But he also has his own will. It is not that the husband can use it whenever he wants. In this case he also has to respect the wishes of the wife. Such actions of the husband have an effect on the mind of the woman.
The court said that action is taken under 376 for the allegation of rape. Therefore, the husband cannot be released on the ground that he has forcibly had sex with his wife. The special thing is that in the case of 376, the husband is not held guilty. Marital rape is not recognized in Indian law. It is not considered a crime.