Marital Rape: Karnataka government supports prosecution of the husband in Supreme Court

Exception 2 of Section 375 of IPC decriminalises rape by a husband on his wife.

NEW DELHI: The Karnataka government has supported in the Supreme Court the trial of a man in a marital rape case saying the state high court has considered all related questions of law, amid a raging debate on whether to do away with a section in law that decriminalises rape by a husband. In an affidavit filed before the top court, the Karnataka government has sought dismissal of the plea challenging a Karnataka High Court order and supported the prosecution of the husband accused of marital rape.

"It is respectfully submitted that the petition is not maintainable either in law or on facts and the same requires to be dismissed in limine (a motion before the trial starts).

"It is respectfully submitted that the High Court of Karnataka has considered all the questions of law involved in the present petition and it does not require any interference by this court," the affidavit said.

Referring to the case, the state government said whether the charge finally stands or not is a matter of trial and that the accused cannot be absolved at this stage despite the immunity against marital rape provided to husbands under IPC.

Exception 2 of Section 375 of IPC decriminalises rape by a husband on his wife. The affidavit was filed in response to a notice issued by the apex court on an appeal by the man against the Karnataka high court judgment.

The high court had on March 23 said exempting a husband from allegation of rape and unnatural sex with his wife runs against Article 14 (equality before law) of the Constitution.

"If a man, a husband, a man he is, can be exempted from the allegation of commission of ingredients of Section 375 (rape) 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," the high court had said in the order.

The had dismissed the petition filed by the man seeking quashing of the proceedings of allegedly committing rape and unnatural sex with his wife and sexually harassing their daughter.

According to the high court, sexual assault by a husband on his wife will have grave consequences on the mental state of the woman as it has both psychological and physiological impact on her.

"Such acts of husbands scar the souls of the wives. It is, therefore, imperative for the lawmakers to now 'hear the voices of silence'," the high court had said.

The judge observed that in the Victorian era women were denied the exercise of basic rights and liberties and had little autonomy over their choice and, also, their statuses were nothing beyond those of materialistic choices. They were treated as chattels, the court had said.

The petitioner's wife, who had lodged the complaint of rape and unnatural sex against her husband and also of sexually harassing his own daughter, stated she had become a sex slave to her husband right from the day of the marriage.

The apex court had, in an important order in September, held the meaning of rape must include marital rape for the purpose of Medical Termination of Pregnancy Act.