In a verdict that can help form a debate in the marital rape, Wednesday the Karnataka High Court refused to consume the fee of rape submitted by a wife against her husband, against the exception in law, and, instead, asking parliamentarians to hear “the sound of silence.”
“A man is a man; an action is an action; Rape is rape, whether it is done by a ‘husband’ in a ‘wife’ woman,” Judge Judge Judge M Nagaprasna from the Karnataka High Court. “Old-olds … regressive” thinking that “husband is the ruler of their wife, body, mind and spirit they must be effective,” said the court While the court did not explicitly attack the exception of the wedding rape, it was forcing a trial of married men to face accusations of rape brought by his wife. The husband has moved the High Court after the trial court acknowledged the violation below Section 376 (rape).
The IPC 375 section that defines rape brings an important exception: “Sexual relations or sexual actions by a man with his own wife, his wife is not under eighteen years, not rape In 2018, a similar case was taken to the Gujarat High Court where a married man was looking for arrangement of rape cases against him submitted by his wife. Even though HC relieves FIR to eliminate the cost of rape, it gives a long reason for the need to criminalize marital rape.
The constitutionality of the exception of marital rape is currently under the challenges before Delhi and Gujarat High Courts “No negotiating marriage institutions, cannot negotiate and in views that I consider, should not be interpreted to negotiate, special male privileges or licenses to release brutal animals. If you are punished by a man, it must be punished by a man though, the man becomes a husband , “said Justice Nagaprasna.
“The acts of brutal sexual violence on their wives, against their approval, although by their husbands, cannot but are referred to as rape. Such sexual assault by a husband on his wife will have great consequences on the wife’s mental sheet, he has a psychological and physiological impact on him. Such a husband’s actions glanced at the soul of the wives. Therefore, it is very important for parliamentarians to now hear the sounds of silence, “the court said.
This order came on a journey of assessment on the petition submitted in 2018 by a 43-year-old man for imposing allegations of rape and sexual attacks on a child caused by police in Bengaluru based on complaints submitted by his wife in March 2017 after marriage 11 years After investigating complaints of rape, unnatural sex, and marriage violence caused by his wife by his wife, the police have submitted a chargesheet against the man under the Indian criminal code section for rape, dowry abuse, an attack of a woman (IPC 376, 498A, 354) and Under Pocso acts for sexual violations of a child. The police dropped an unusual sex allegation (IPC 377).
Chargesheet was challenged in a high court by the husband on the grounds that the accusation of rape did not apply to a man who was the husband of alleged rape victims. HC decides the opposite “Complaints of complaints are the tolerance explosion of the wife … in the teeth of the facts, as told in the complaint, in my view which is considered, there is no error that can be found with the judge who is studied by the judge who recognizes the violation that can be punished under the part 376 IPC and Framing costs for that effect, “said the judge.
“If a man, a husband, a man, can be released from the allegations of the Materials Commission 375 IPC, inequality in qualities is the legal provision. Therefore, it will run against what is enshrined in Article 14 of the Constitution. All humans are below The constitution must be treated the same, whether it’s a man, whether it’s a woman and someone else. Every thought about inequality, in the provision of law, will fail in the exam article 14 of the Constitution, “HC said. Republican Post, India is regulated by the Constitution, “said the court.” The constitution treats women who are equivalent to humans and consider marriage as the same association. The constitution is not in the sense whatever describes the woman becomes a subordinate for a man. The constitution guarantees basic rights under Articles 14, 15, 19 and 21 that is true to live with dignity, personal freedom, body integrity, sexual autonomy, the right to reproductive choice, privacy rights, the right to freedom of speech and expression. Under the constitution, the right is the same; Also protection is the same, “said the court.
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