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Karnataka HC refuses to quash rape case against husband

Team SoOLEGAL 24 Mar 2022 5:12pm

Karnataka HC refuses to quash rape case against husband

New Delhi: The Karnataka high court has refused to quash proceedings against a man accused of alleged rape by his wife, equating sexual assault by a husband on his wife with rape.

"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'," Justice M. Nagaprasanna stated.

The Karnataka High Court's single judge bench was hearing a case brought by a woman against her husband for treating her as a "sex slave" since they were married. In the presence of their daughter, the husband is also accused of forcing his wife into unnatural sex.

Exempting a husband for his acts, Justice Nagaprasanna said, destroys the Right to Equality, which is the soul of the Constitution, referring to exceptions under Section 376 the Indian Penal Code (IPC)  of the that say "Sexual intercourse or sexual acts by a man with his own wife, the wife not being under 15 years of age, is not rape."

The court ruled that the exception was regressive and that the legislature was responsible for amending Section 376 of IPC.

Despite the fact that the Union government-appointed Justice J.S. Verma Committee recommended removing the exception for marital rape, the subsequent amendment only replaced the word 'rape' with 'sexual assault' in IPC section 375, according to the Judge.



Tagged: Karnataka HC   sexual assault   Justice M. Nagaprasanna   Right to Equality  
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