The recent verdict by the Karnataka High Court, which ruled that a man cannot avoid trial for rape merely because the victim is his wife, has drawn mixed reactions from petitioners involved in a similar case before the Delhi High Court.
Feminists have welcomed the Karnataka High Court’s decision, viewing it as a step towards greater awareness and legal recognition of marital rape. Advocate Raghav Awasthi, representing NGOs RIT Foundation and All India Democratic Women’s Association, described the verdict as a “welcome step” that could enhance awareness across the country.
However, men’s rights activists expressed serious concerns. Amit Lakhani, representing Men’s Welfare Trust, argued that the judgment sets a dangerous precedent. He fears it could lead to a draconian law that might be misused, causing men to unjustly suffer severe consequences such as imprisonment, job loss, and social stigma, even if they are eventually acquitted.
Lakhani criticized the judiciary for overstepping its boundaries by interpreting the law in a way he believes should be the purview of the legislature. The Karnataka High Court, in its March 23 verdict, emphasized that exempting a man from trial for raping his wife violates the right to equality, urging lawmakers to address statutory inequalities.
The central government has yet to take a definitive stance on criminalizing marital rape, noting the need for consultations with state governments and other stakeholders due to the potential far-reaching social and familial implications. The Centre had previously opposed criminalizing marital rape, fearing it could destabilize marriages and be misused to harass husbands. However, it recently indicated a willingness to reconsider this position.
Petitioners challenging the constitutionality of the marital rape exception under Section 375 IPC (rape) argue that it discriminates against married women who are sexually assaulted by their husbands. The ongoing debate underscores the complex intersection of legal, social, and ethical considerations in addressing marital rape in India.
