Marital rape debate: Why rape charge order against a husband by Karnataka HC is significant

In a landmark order, the Karnataka High Court allowed framing of rape charges against a husband. The order came even as the Delhi High Court is dealing with petitions challenging the exception provided to husbands in the Indian Penal Code regarding rape.

The Karnataka High Court reportedly said that "marriage does not confer... any special male privilege or license for unleashing of a brutal beast". The court reportedly said that "a brutal act of sexual assault on the wife, against her consent, albeit by the husband" has to be termed rape.

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The High Court also reportedly added that it was not talking about criminalisation of marital rape, and that this was an issue for the legislature to consider. The court reportedly asked lawmakers to ponder over legal provisions which make women and men unequal, and wives subordinate to their husbands.

In February this year, the Union government was reportedly asked by the Delhi High Court to "bite the bullet" on the issue of marital rape. The central government had reportedly submitted that it would take a stand on the issue after consultation with states, Union Territories, and other stakeholders. The Delhi High Court had said that it cannot adjourn the matter "endlessly".