Marriage Is Not A License For Cruelty To Wife: Karnataka High Court
Marriage is not a license for cruelty to wife, even if husband commits rape, rape is rape: Karnataka High Court.
The Karnataka High Court has made a strong observation while hearing a case of marital rape.
The High Court held that marriage is a license for a husband to commit cruelty to his wife. Forcibly making physical relations with the wife is rape, even if she is the husband.
Let us tell that a single bench of Justice M. Nagaprasanna was hearing the matter. He said that rape means rape, even if it is not done by the husband.
Commenting on the matter, the High Court refused to drop the rape charges against the accused person. The victim woman had accused her husband of treating her like a slave.
Right to equality for all – High Court.
Upholding the charge of rape against the accused husband, the bench said, “A man is a man, an act is an act, a rape is a misdemeanor, even if a husband has committed a crime with his wife.”
The court also said that everyone has the right to equality. The wife also has her own will.
Forced rape of a wife has a bad effect on the woman both psychologically and physically. This creates fear in the minds of women.
Legislature considers.
The High Court clarified that this order pertains to the framing of charges against the husband. It is not about whether marital rape should be recognized as a crime.
The High Court has advised the legislature to consider it. The High Court said that it is for the legislature to consider the issue.
The Court is not saying that marital rape should be recognized as an offense or that the exception should be removed by the legislature. It is necessary to consider this.
