Forced, non-consensual sex between husband and wife is rape? Karnataka Govt supports in SC prosecution of husband for marital rape

NEW DELHI, (ANI): The Karnataka government on Thursday filed an affidavit in the Supreme Court and supported the prosecution of a husband under marital rape charges.

The state government in its affidavit said the Karnataka High Court was correct in its March judgment in ordering the trial of a man for allegedly raping his wife.

The government in its affidavit stated that whether the charge finally stands is a matter of trial and that the accused in the case cannot be exonerated at this stage despite the immunity against marital rape provided to husbands under IPC.

“The High Court of Karnataka has considered all the questions of law involved in the present petition and it does not require any interference by the Supreme Court,” the state government’s affidavit stated while seeking dismissal of the husband’s challenge against the High Court verdict.

On March 23 the High Court declined to quash the charge of rape framed under Section 376 of the Indian Penal Code (IPC) against a man accused of raping and keeping his wife as a sex slave.

The Karnataka High Court had pronounced the verdict while refusing to quash the FIR for marital rape while holding that exception 2 of Section 375 of the IPC – which makes husbands immune to the marital rape charges provided the wife is not a minor – is “not absolute”.

Challenging the High Court judgement, the husband approached the apex court. In May the apex court issued notice to the state on an appeal filed by the man against the Karnataka High Court judgment. (ANI)