new Delhi: The Karnataka government has supported the ongoing marital rape case against a man in the Supreme Court. The state government said that the state high court has considered all relevant aspects of the law. The move comes amid a debate as to whether the section in the law that decriminalises rape by husband should be scrapped. In an affidavit filed before the court, the Karnataka government has sought dismissal of the petition challenging the Karnataka High Court order and supported prosecution of the husband accused of marital rape.
The affidavit said, ‘It is respectfully reported that the petition is neither maintainable in law nor on facts and it needs to be dismissed at the outset.’ It said, ‘It is respectfully reported that the High Court of Karnataka has considered all the questions of law involved in the present petition and no interference by this Court is called for.’ Referring to the matter, the state government said that whether the allegation ultimately stands or not is a matter of trial and the accused cannot be exonerated at this stage despite the Indian Penal Code (IPC) providing immunity to husbands against marital rape. can be done.
Exception 2 of Section 375 of the IPC makes rape by a husband on his wife out of the category of crime. The affidavit was filed in response to the notice issued by the top court on an appeal by the individual against the Karnataka High Court verdict. According to the High Court, sexual assault by a husband on his wife will have serious consequences on the mental state of the woman as it has both psychological and physical effects on her.
The High Court had said, ‘Such acts of the husband hurt the soul of the wife. Therefore, it is imperative for lawmakers to ‘listen to the silence’ now. The wife of the petitioner, who had filed a complaint against her husband for rape and unnatural sex and also for sexually assaulting her own daughter, stated that she had become a sex slave to her husband from the day of marriage.
FIRST PUBLISHED : December 22, 2022, 18:02 IST