The Karnataka high court on Wednesday ruled that a brutal act of sexual assault on wife against her consent by the husband is rape.
The high court in its order on marital rape said that the age old thought and tradition that the husbands are the rulers of their wives, their body, mind and soul should be effaced.
"It is only on this archaic, regressive and preconceived notion, the cases of this kind are mushrooming in the nation. The constitution of marriage does not in any sense depict the woman to be subordinate to a man. Under the constitution, the rights are equal; protection is also equal," the high court said.
"Such sexual assault by a husband on his wife will have grave consequences on the mental sheet of the wife, it has both psychological and physiological impact on her. Such acts of husbands scar the soul of the wives," it added.
The court stated that marriage should not be construed to confer, any special male privilege or a license for "unleashing of a brutal beast."
The Karnataka high court was responding to a petition filed by a man seeking to drop charges of rape pending against him under Section 376 of the Indian Penal Code after his wife filed a complaint against him.
In February, the Delhi high court had asked the Centre to make its stand clear on the issue of criminalising marital rape.
The Centre had filed an affidavit urging the court to defer hearing on the petitions, stating that criminalising marital rape has very far reaching socio-legal implications in the country and a meaningful consultative process with various stakeholders including the state governments is needed.
The high court in its order on marital rape said that the age old thought and tradition that the husbands are the rulers of their wives, their body, mind and soul should be effaced.
"It is only on this archaic, regressive and preconceived notion, the cases of this kind are mushrooming in the nation. The constitution of marriage does not in any sense depict the woman to be subordinate to a man. Under the constitution, the rights are equal; protection is also equal," the high court said.
"Such sexual assault by a husband on his wife will have grave consequences on the mental sheet of the wife, it has both psychological and physiological impact on her. Such acts of husbands scar the soul of the wives," it added.
The court stated that marriage should not be construed to confer, any special male privilege or a license for "unleashing of a brutal beast."
The Karnataka high court was responding to a petition filed by a man seeking to drop charges of rape pending against him under Section 376 of the Indian Penal Code after his wife filed a complaint against him.
In February, the Delhi high court had asked the Centre to make its stand clear on the issue of criminalising marital rape.
The Centre had filed an affidavit urging the court to defer hearing on the petitions, stating that criminalising marital rape has very far reaching socio-legal implications in the country and a meaningful consultative process with various stakeholders including the state governments is needed.
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