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High Court on Marital Rape


It is mandatory for lawmakers now to “listen to the silent voice”, says the High Court (Representative)

New Delhi:

Marriage is not a license to “release cruel animals”, the Karnataka High Court said today, in a landmark order allowing the framing of rape charges against a husband accused of forcing his wife into a “sex slave”.

“The institution of marriage does not give, cannot give and in my view, cannot be construed as giving, any male privilege or license to release a cruel animal. If it can be punished to a man, it should be punished. To a man though, man that is a husband, “the High Court order said.

“The act of brutal sexual assault on the wife, without her consent, even by the husband, cannot but be termed as rape. Sexual abuse committed by the husband against his wife will have severe consequences on the mental sheet of the wife, it has psychological and physiological effects on her .Such husband’s actions worsen the wife’s soul.Therefore, it is important for lawmakers to now “listen to silent voices,” the order states.

The High Court said “the old thinking and tradition that husbands are the rulers of their wives, their bodies, minds and souls should be abolished”. It is only on “ancient, regressive and prejudiced notions” that such cases are growing rapidly in the country, the order said.

Marital rape is not a criminal offense in India despite years of campaigning.

The Karnataka High Court said it was not talking about whether marital rape should be recognized as an offense. It is for the legislature to consider it. “This court is only concerned with the rape charges framed against the husband who allegedly raped his wife.”

The case involved a woman who told the court that her husband had treated her like a sex slave since the beginning of their marriage. Describing her husband as “inhumane”, she claimed that she had been forced to have unnatural sex, even in front of her daughter, by him.

The High Court said in any man, for being a husband, exempt from the charge of rape, it means inequality in the law, and a violation of the constitution.

“Women and men are equal under the constitution cannot be made unequal to any exception to Section 375 (rape) of the IPC (Indian Penal Code). It is for the legislature to figure out the existence of such inequality in the law,” he said. The High Court said.

“In my view, the expression is not progressive but regressive, where a woman is considered subordinate to the husband, whose concept is hatred of equality,” the order said, adding that this is why many countries recognize marital rape or spousal rape. .

Marital rape, the court said, is illegal in 50 American states, 3 states Australia, New Zealand, Canada, Israel, France, Sweden, Denmark, Norway, the Soviet Union, Poland and Czechoslovakia and several other countries.

In February, the Delhi High Court slammed the Center for insulting marital rape criminals and said: “You have to bite the bullet. If you say the court should postpone the matter indefinitely, it won’t happen.”

The center had said in a court hearing that the subject involved “intimate family relationships” and it needed to consider the social impact before filing an answer. It also said it needs to be “fully accustomed” to the “basic realities prevalent” in different parts of society.

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