Here's what the Karnataka HC said while refusing to quash rape case by wife against husband

Here's what the Karnataka High Court said while refusing to quash rape charges against a man accused of raping his wife.

Karnataka High Court on Wednesday allowed framing of charges against a man accused of raping his wife. The court observed that institution of marriage does not allow any 'special male privilege' and rape is a rape.

In her complaint, the woman also mentioned that her husband abused their daughter sexually. Hence, the court concluded that all charges against the husband, including the ones under relevant sections of the Protection of Children from Sexual Offences (POCSO) Act, will not be quashed.

However, the court clarified that the order pertains to framing of charges against the husband and is not about whether marital rape should be recognized as an offence.

"It is for the legislature to delve upon the issue and consider tinkering of the exemption. This court is not pronouncing upon whether marital rape should be recognized as an offence or the exception be taken away by the legislature,” the Karnataka High Court stated.

The court examined the section of IPC that grants an exception to sexual activity within marriage, inequality the law causes and male privileges conferred by the institution of marriage. Here's what the court said.

Justice M Nagaprasanna said that the institution of marriage cannot be used to confer any special male privilege or a license for unleashing of a "brutal beast" on the wife.

The court observed that a man is a man; rape is a rape, be it performed by a man the “husband” on the woman “wife".