Gujarat Higher Courtroom acquitted a man accused of raping his wife on the basis floor of deficiency of law on marital rape. The court opined that marital rape demands to be punishable under law.
“The complete statutory abolition of the marital rape exemption is the 1st vital move in educating societies that dehumanised treatment method of gals will not be tolerated and that the marital rape is not a husband’s privilege, but relatively a violent act and an injustice that must be criminalised,” the court stated.
A petition was submitted by a man pleading to quash FIR submitted by his wife alleging offence of rape (Indian Penal Code 376) and unnatural sexual intercourse (Indian Penal Code 377), amongst other costs.
Justice J B Pardiwala stated a man can’t be booked for raping his wife under segment 376 of the IPC, because it was not covered under IPC 375. “The husband are unable to be prosecuted for the offence of rape at the occasion of his wife in perspective of exception-II in segment 375 of IPC, which supplies that sexual intercourse or sexual functions by a man with his own wife, who is not being under 18 a long time of age, is not rape.”
The court quashed the costs of rape and sodomy but it requested to insert sections for sexual harassment and domestic violence under segment 498a of the IPC.
Justice Pardiwala stated: “…A law that does not give married and unmarried gals equivalent safety results in conditions that direct to the marital rape. It enables the males and gals to believe that that wife’s rape is appropriate.”
Apoorva Sinha is presently pursuing law from University of Legislation, College of Petroleum and Electricity Scientific studies, Dehradun. She likes to exploration and write on socio-legal problems. She has interned at numerous law corporations, Higher Courtroom and District Courtroom. She has participated at numerous nationwide stage competitions. She has also attended worldwide conferences and published papers. She has also performed an Worldwide Essay Producing opposition in her school in collaboration with Surana and Surana.