Karnataka government’s stance on marital rape takes the conversation forward
- Recently, the Karnataka government came out in support of putting a married man on trial for allegedly sexually assaulting his wife.
- In an affidavit filed before the SC, the state government has indicated that it does not disagree with the Karnataka High Court's decision, refusing to quash rape charges filed by a wife against her husband.
Marital rape immunity
- Section 375 of Indian Penal Code: says "Sexual intercourse/acts by a man with his own wife, the wife not being under eighteen years of age, is not rape."
- Immunity for married men: prevents a wife from filing a case of rape against her husband.
- A conservative understanding of marriage: Dominant social consensus is shaped by a conservative understanding of marriage as an institution.
Need of the hour
- Conversation in courts needs to resonate in legislative bodies: considering the social sensitivities in the matter.
- Legislators to take responsibility of reformation: as they tend to pass the buck to judiciary on issues that are socially controversial; eg, decriminalising homosexuality, adultery or reform in personal law.