Karnataka High Court: Marriage Does Not Shield Husband from Rape Charges
In a significant judgment, the Karnataka High Court has refused to quash a rape case against a husband, stating that being married does not give a man the right to abuse his wife sexually or physically.
The case involved a wife who filed a complaint after years of domestic violence and sexual abuse. The charges included:
- Section 506 (Criminal Intimidation),
- Section 498A (Cruelty by Husband),
- Section 323 (Causing Hurt),
- Section 377 (Unnatural Offences),
- and Section 10 of the POCSO Act (Protection of Children from Sexual Offences).
The Special Court later added charges under:
- Section 376 IPC (Rape),
- and Sections 5(m) and 5(l) read with Section 6 of the POCSO Act.
Justice M. Nagaprasanna ruled that marriage cannot be a cover for abusive and brutal behavior, describing such acts as beyond human dignity.
The wife’s complaint included disturbing details. She claimed her husband forced her into unnatural sex, even during pregnancy, and allegedly sexually abused their child. She described herself as being turned into a “sex slave,” forced to watch and imitate pornographic acts, and subjected to repeated assaults.
She also alleged that her husband beat their daughter and forced her to participate in or witness the abuse. Her plea requested anonymity for herself and her daughter, and strict punishment for the accused.
The judge emphasized:
“A man is a man; an act is an act; rape is rape — even if done by a husband to his wife.”
He further stated that the exception under Section 375 IPC (which exempts husbands from rape charges) is regressive and outdated, and that many countries including the UK have abolished marital rape exemptions. The UK removed this exemption in 1991, despite being the source of India’s original penal code.
The Court clarified that it was not making a broader declaration on marital rape laws, but only deciding whether the rape charge in this specific case should be allowed to go to trial — and found that it should.
The Court dismissed the husband’s claim that being a spouse grants immunity from the same acts which would be criminal if done by another man.
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