Is it fair to deny married woman right to call rape by husband a rape, asks amicus in HC

Provisions under Section 375 (rape) of the Indian Penal Code exempt sexual intercourse by a man with his wife from the offence of rape, provided the wife is above 15 years of age.

Is it fair that a wife is denied the right to call rape a rape and is asked to take recourse to the provision of cruelty against her husband for the act in today’s age, an amicus curiae posed the question before the Delhi High Court on Friday, while favouring striking down of the exception provided to husbands under the rape law.

Senior advocate Rajshekhar Rao, who was assisting the court as an amicus curiae in deciding a batch of petitions seeking criminalisation of marital rape, said nobody says that the husband does not have a right, but the question is whether he has a right to get away from rigours of law under the provision or does he believe that the law gives him sanction or he has a birth right in the matter.