Rape is rape, says Karnataka HC as it allows rape charges against husband

Mangalore Today News Network

Bengaluru, Mar 23, 2022: In a ground-breaking judgement, the Karnataka High Court has upheld framing of charges against a husband accused of raping his wife. The court 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”."

 

Announcing the decision on Wednesday, the Karnataka High Court held, “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.”

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.

But, on Wednesday, the Karnataka High Court stated, “If it is punishable to a man, it should be punishable to a man albeit, the man being a husband.”

However, the court clarified that the order pertains to framing of charges against the husband and is not about whether marital rape should be recognized 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 recognized as an offence or the exception be taken away by the legislature,” the Karnataka High Court stated.It further added, "It is for the legislature, on an analysis of manifold circumstances and ramifications, to consider the aforesaid issue. This Court is concerned only with the charge of rape being framed upon the husband alleging rape on his wife."

Referring to the case, the High Court observed that the removal of rape charges would amount to putting a “premium on the carnal desires of the petitioner”.

“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,” the Karnataka High Court said.

Courtesy: India Today