Karnataka HC refused to overrule rape allegations brought under Section 376 of the Indian Penal Code against a man accused of raping and enslaving his wife.
Digital Desk: In the rapid growth of rape cases, India stands fourth, recording as the most common crime against women. According to the National Crime Records Bureau's (NCRB) annual report for 2019, about 32033 rape crimes were reported across the country, or an average of 88 instances per day.
On Wednesday, the Karnataka HC refused to overrule rape allegations brought under Section 376 of the Indian Penal Code against a man accused of raping and enslaving his wife.
Abiding by Law and Court, the concept of marriage cannot be used to confer any particular male privilege or authorization for unleashing a "brutal beast" on the woman, according to single-judge Justice M Nagaprasanna.
A man in a husband's robes has treated his wife as an enslaved person for generations. The Court emphasized the need to eradicate the long-held notion and custom that males are the masters of their wives bodies, brains, and souls.
According to the Karnataka High Court, "A rape cannot be defined as a terrible act of sexual attack on the woman without her agreement, even if the husband commits it. Such sexual attack by a husband on his wife will have severe ramifications on the wife's mental health and psychological and physiological effects.
Wives' souls are traumatized by such acts of spouses."
According to the High Court, a male sexually assaulting or rapping a woman should be charged under Section 376 of the Indian Penal Code.
The report based on Law and Court states, "The contention of the learned senior counsel that if the man is the husband, performing the same acts as that of another man, he is exempted. In my considered view, such an argument cannot be countenanced."
The accusation filed against the husband for the alleged rape of his wife under Section 376 of the IPC does not warrant any interference and is a subject for trial under the facts of this case.
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