Exempting Husband Of Marital Rape Is Against Article 14: High Court
NDTV
Marital Rape: The Karnataka High Court said all human beings under the Constitution are to be treated equal.
The Karnataka High Court has said exempting a husband from allegation of rape and unnatural sex with his wife runs against the Article 14 of the Constitution, which speaks about equality.
"If a man, a husband, a man he is, can be exempted of allegation of commission of ingredients of Section 375 of the IPC, inequality percolates into such provision of law. Therefore, it would run counter to what is enshrined in Article 14 of the Constitution," Justice M Nagaprasanna said in his order while dismissing a petition filed by a man seeking to quash the proceedings of allegedly committing rape and unnatural sex with his wife and sexually harassing his daughter.
Noting that the exception of sexual intercourse and other sexual acts by the husband stood exempted, the court said a woman being a woman is given certain status while a woman being a wife is given a different status. Likewise, a man being a man is punished for his acts whereas a man being a husband is exempted for his acts.
"It is this inequality that destroys the soul of the Constitution which is Right to Equality," Justice Nagaprasanna noted.
