Rape is rape, even if man is husband: Karnataka HC-
“A man is a man; an act is an act; rape is rape, whether committed by a man, the ‘husband,’ on a woman, the ‘wife,” Justice M Nagaprasanna of the Karnataka High Court stated; in a single-judge bench.
The Karnataka High Court on Wednesday; declined to drop rape accusations filed; by a wife against her husband, violating a legal exception, and instead called on lawmakers to hear the “voices of silence,” in a decision that could help influence the discussion on marital rape.
A man is a man; an act is an act; rape is rape, whether committed by a man, the ‘husband,’ on a woman, the ‘wife,’ according to a single-judge bench of the Karnataka High Court led by Justice M Nagaprasanna.
Despite the fact that; the court did not expressly strike down the marital rape exception, the married man required to; stand trial for rape charges brought by his wife. After a trial court found the offence under Section 376, the husband filed a petition in the High Court (rape).
“Sexual intercourse or sexual actions by a man with his own wife, the wife not being under eighteen years of age, is not rape,” says IPC Section 375, which defines rape.
“A terrible act of; sexual attack on the wife, albeit by the husband, cannot be called; anything other than a rape.” Such sexual attack by a husband on his wife will have serious ramifications on the wife’s mental health, as well as psychological and physiological effects. Wives’ souls are scarred by such behaviours of spouses. As a result, it is critical for legislators to now heed the voices of silence,” the court stated.
In November of this; year, Justice Nagaprasanna appointed as an Additional Judge of the Karnataka High Court, and in November; of the previous year, he was appointed as a permanent judge. In 2020, he issued a groundbreaking judgement on gender equality, stating that a married daughter would be eligible for compassionate work as well.
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