The Karnataka government has supported the prosecution of a man accused of marital rape in a case being heard in the Supreme Court. In an affidavit filed before the court, the government argued that the husband’s plea to quash the case is not maintainable and that it should be dismissed. The state said that the accused husband should not be absolved of the charges at this stage, despite the immunity against marital rape provided to husbands under Section 375 of the Indian Penal Code (IPC).
There is currently a legal debate in India over whether or not to remove the exception in IPC 375 that decriminalises the rape of a wife by the husband. The Karnataka High Court had previously ruled that exempting a husband from allegations of rape and unnatural sex with his wife is discriminatory and goes against Article 14 of the Indian Constitution, which guarantees equality before the law. "If a man, a husband, 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.
In the affidavit, the state has cited an FIR filed by the police against the petitioner following a complaint lodged by his wife in March 2017. The petitioner has currently appealed to Supreme Court, seeking to quash the HC order supporting his prosecution over rape allegations by his wife. The High Court had observed that 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 impacts on her. "Such acts by 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 state referred to an FIR lodged by the wife of the petitioner who had lodged a complaint of rape and unnatural sex against her husband, as well as that of sexually harassing his own daughter. She stated that she had become a sex slave to her husband right from the day of the marriage.
The Supreme Court had previously ruled in September that the definition of rape must include marital rape for the purpose of the Medical Termination of Pregnancy Act. The Supreme Court’s hearing challenging the split verdict by the Delhi High Court on the criminalisation of marital rape is being closely watched as it could have significant implications for the rights of women in India.