Rape is rape even if perpetrated by husband, says Karnataka high court | India News – Times of India
BENGALURU: An act of sexual assault on the wife, albeit by the husband, cannot but be termed a rape, the Karnataka high court observed on Wednesday. “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, the ‘wife’,” Justice M Nagaprasanna held while while refusing to interfere with the proceedings initiated against the accused husband vis-a-vis charges of rape, cruelty, criminal intimidation and also offences under Section 29 and 30 of Pocso Act in connection with alleged sexual acts committed against his daughter.
Holding that marriage is not a licence to unleash beastiality, the court also said that law should be amended so as to remove the exemption granted to a husband under Section 375 of IPC.
“The institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer any special male privilege or a licence for the unleashing of a brutal beast,” Justice Nagaprasanna said, while negating the submission that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man.
“If it is punishable to a man, it should be punishable to a man, albeit him being a husband,” the judge said.
The court was hearing mulitple petitions by the husband and the wife. The husband had challenged the proceedings against him after his wife lodged a police complaint, accusing him of sexually and mentally torturing her and their child. The woman had sought social security and compensation and also initiation of proceedings under Section 377 of IPC for unnatural sex against her husband.
“Such sexual assault by a husband on his wife will have grave consequences on the mental state of the wife, it has both psychological and physiological impact on her. Such acts of husbands scar the soul of wives. It is, therefore, imperative for lawmakers to now hear the ‘voices of silence’,” Justice Nagaprasanna noted in his order.
The judge said that the husband should also be charged for offence punishable under Section 377 of the IPC (unnatural sex) owing to the peculiar facts of this case. “I have become a sex slave to my husband right from the day of my marriage. I was compelled and forced to have unnatural sex by imitating porn films,” her complaint read.
Holding that marriage is not a licence to unleash beastiality, the court also said that law should be amended so as to remove the exemption granted to a husband under Section 375 of IPC.
“The institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer any special male privilege or a licence for the unleashing of a brutal beast,” Justice Nagaprasanna said, while negating the submission that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man.
“If it is punishable to a man, it should be punishable to a man, albeit him being a husband,” the judge said.
The court was hearing mulitple petitions by the husband and the wife. The husband had challenged the proceedings against him after his wife lodged a police complaint, accusing him of sexually and mentally torturing her and their child. The woman had sought social security and compensation and also initiation of proceedings under Section 377 of IPC for unnatural sex against her husband.
“Such sexual assault by a husband on his wife will have grave consequences on the mental state of the wife, it has both psychological and physiological impact on her. Such acts of husbands scar the soul of wives. It is, therefore, imperative for lawmakers to now hear the ‘voices of silence’,” Justice Nagaprasanna noted in his order.
The judge said that the husband should also be charged for offence punishable under Section 377 of the IPC (unnatural sex) owing to the peculiar facts of this case. “I have become a sex slave to my husband right from the day of my marriage. I was compelled and forced to have unnatural sex by imitating porn films,” her complaint read.
