Marriage not license to unleash
brutal beast on wife: Karnataka
HC on rape case against husband
Here's what the Karnataka High Court said while
refusing to quash rape charges against a man
accused of raping his wife.
India Today Web Desk
Karnataka High Court on Wednesday allowed framing of charges
against a man accused of raping his wife. The court observed that
institution of marriage does not allow any 'special male privilege' and
rape is a rape.
In her complaint, the woman also mentioned that her husband
abused their daughter sexually. Hence, the court concluded that all
charges against the husband, including the ones under relevant
sections of the Protection of Children from Sexual Offences
(POCSO) Act, will not be quashed.
The court examined the section of IPC that grants an exception to
sexual activity within marriage, inequality the law causes and male
privileges conferred by the institution of marriage. Here's what the
court said.
MARRIAGE NO LICENSE TO UNLEASH BRUTAL
BEAST
Justice M Nagaprasanna said that the institution of marriage cannot
be used to confer any special male privilege or a license for
:
unleashing of a "brutal beast" on the wife.
RAPE IS A RAPE
The court observed that a man is a man; rape is a rape, be it
performed by a man the “husband” on the woman “wife".
"A brutal act of sexual assault on the wife, against her consent, albeit
by the husband, cannot but be termed to be a rape. 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. If it is punishable to a man, it should be punishable to a
man albeit, the man being a husband," the court said.
READ | Why courts must stay out of the marital rape debate |
OPINION
"For ages, man donning the robes of a husband has used the wife as
his chattel but this age-old thought and tradition that the husbands
are the rulers of their wives, their body, mind and soul should be
effaced," the court observed.
SECTION 375 OF IPC - REGRESSIVE, NOT
PROGRESSIVE
The court said, "When it comes to Section 375 of IPC the exception
springs. In my considered view, the expression is not progressive but
regressive, wherein a woman is treated as a subordinate to the
husband, which concept abhors equality. It is for this reason that
several countries have made such acts of the husband penal by
terming it marital rape or spousal rape."
HUSBAND NOT PROTECTED BY INSTITUTION OF
:
MARRIAGE
The husband cannot be protected under the institution of marriage,
the court observed.
"Every ingredient of rape is met within the alleged complaint. If it
were to be a common man, the allegation on the face of it be
punishable under Section 376 of the IPC, why not the husband-
petitioner," the court said.
MARITAL RAPE ILLEGAL IN OTHER COUNTRIES
The court said even though this ruling is not on the constitutionality
of exemption under Section 375 of the IPC, marital rape has been
made illegal in other countries, such as the US and UK.
The court observed that marital rape is illegal in the UK, 50 American
states, three Australian states, New Zealand, Canada, Israel, France,
Sweden, Denmark, Norway, Russia, and Poland.
"Therefore, the code that was made by the rulers then, has itself
abolished the exception given to husbands," the court said.
However, the court clarified that the order pertains to framing of
charges against the husband and is not about whether marital rape
should be recognised as an offence.
"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 Karnataka High Court stated.
ALSO READ | Rape is rape, says Karnataka HC as it allows
charges against husband on woman's complaint
:
ALSO READ | Marital rape: Legal issues and debate
--- ENDS ---
:
