Rape is Rape: Karnataka HC heralds the ground-breaking decision on 'Marital Rape', allows a woman to file charges against husband

Marital Rape has always been a subject of controversy. Even after the progressive changes, lawmakers are often terrified of making stringent regulations on “Marital Rape.” However, the Karnataka High Court in a ground-breaking judgment has upheld the framing of charges against a husband accused of raping his wife.

The court observed, “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 “wife”. The court added that the institution of marriage is not a pass to get away with anything a man deems fit. It certainly does not allows a “special male privilege”, the court added, after allowing a woman to frame charges on her husband for obliterating her modesty.

The Karnataka High Court held, “The institution of marriage does not confer, cannot confer and should not be construed to confer, any special male privilege or a license for unleashing of a brutal beast.” At present, the Indian Penal Code (IPC) Section 37 grants an exception to sexual activity within marriage. Due to this, tremendous men have gotten away with an accusation like “Rape”. Merely because of the marriage tag, the rapist gets exempted from such a heinous crime. In a country, where “Consent” is still a foreign concept, this decision emerges as a ray of hope for women across the country.

The battle, however, is still half won, as the HC eventually clarified that the order pertains to the framing of charges against the husband and is not about whether marital rape should be recognized as an offense. This is on the legislature, and not on the judiciary, the HC added.