“Rape is rape, even if man is husband”: Karnataka High Court

Karnataka High Court allows wife to file charge of rape against husband

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Kathmandu, March 24. In a landmark decision, Karnataka High Court has allowed a wife to frame case of rape against her husband.

The Karnataka High Court announced the decision on Wednesday. It said, “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 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 section 375 grants an exception to sexual activity within marriage, preventing husbands to be prosecuted against rape.

The court further said exempting husband from marital rape would be disregarding article 14, that calls for equality.

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