Khushi Doshi
Published on: March 24, 2022 at 12:33 IST
A Sexual Attack on the woman, even if committed by the husband, cannot but be considered a rape, the Karnataka high court said on Wednesday.
“A Man is a Man; an Act is an Act; Rape is a Rape, whether committed by a man, the ‘husband,’ on a woman, the ‘wife,” Justice M Nagaprasanna stated
While declining to intervene in the proceedings begun against the guilty spouse in relation to claims of Rape, Cruelty, and Criminal intimidation, as well as offences under Sections 29 and 30 of the Pocso Act in connection with alleged sexual actions done against his daughter
The Court stated that marriage is not a licence to unleash beastiality and that the law should be modified to eliminate the exception afforded to a spouse under Section 375 of the IPC.
“Marriage is not a Religious institution. confer, cannot confer, and, in my opinion, should not be construed to confer any special male privilege or a licence to unleash a vicious beast.”
While rejecting the submission that the husband is protected by the institution of marriage for any of his acts performed, Justice Nagaprasanna stated..
“If it is punishable to a guy, it should be penalised to a man, even if he is a spouse,” remarked the Judge.
The Court was considering many Petitions from the husband and wife.
The husband had filed an appeal after his wife filed a Police report accusing him of sexually and emotionally tormenting her and their kid.
The lady had requested social security and compensation, as well as the beginning of proceedings against her spouse under Section 377 of the IPC for unnatural intercourse.
“Such sexual assault by a husband on his wife will have serious ramifications for the wife’s mental condition since it has both psychological and physiological effects on her. Such men’s actions damage the souls of their spouses. As a result, it is critical for parliamentarians to now heed the voices of silence,” Justice Nagaprasanna said in his Order.
Since the day I married, I’ve been a sex slave to my spouse. I was coerced and pushed to engage in unnatural sex by copying pornographic videos, Her lawsuit stated.
Due to the unusual characteristics of this case, the Judge ruled that the spouse should also be charged with an offence punishable under Section 377 of the IPC (unnatural sex).
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