Marital Rape: Husband can be nominated in rape case for forcibly having sex with wife, Karnataka government gave affidavit in SC
The Bommai government in its affidavit has justified the decision of the Karnataka High Court. The High Court had ordered the Lower Court to start the trial against the accused husband.
Marital Rape: The Bommai government of Karnataka believes that a case of rape can be registered against a husband if he forcibly has physical relations with his wife. In one case, the government has upheld the decision of the Karnataka High Court in which the husband was considered an accused in the case of rape of the wife.
In fact, the person accused of raping his wife had sought justice by appealing in the Supreme Court. The accused person had filed a special leave petition in the apex court. His argument was that a case of rape cannot be registered against him for having physical relations with his wife. The Supreme Court’s then Chief Justice NV Ramana, Justice Hima Kohli and Justice Krishna Murari’s bench had stayed the decision of the Karnataka High Court.
The Bommai government in its affidavit has justified the decision of the Karnataka High Court. The High Court had ordered the Lower Court to start the trial against the accused husband. The government says in its reply that whether the husband is guilty or not can be known only after the trial. However, section 2 of section 375 of the IPC gives immunity to the husband in the case of marital rape. But the government says that the decision given by the High Court is correct.
Know what was the decision of Karnataka HC
The Karnataka High Court had said in its judgment that Section 2 of Section 375 of the IPC cannot be considered as the ultimate truth. Rape is rape after all. Whether it is husband or any other person. Whoever does illegal work, a case is made against him. The court, without getting into the constitutional interpretation, said that it believes that if there is any relaxation in the law, then the same thing can also become the reason for the incidents.
The central government shook its head
In the case of marital rape that came before the Delhi High Court, when the Center was asked about its stand, the government said that it does not want to study in this matter. The Center had said that someone should take a decision which he thinks is right. But he is unable to give any opinion on such issue. The case of marital rape is currently pending before the Supreme Court. The top court has to see whether a husband can be tried for having sex with his wife by treating him as an accused of rape.
