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Karnataka government’s stance on marital rape takes the conversation forward

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.

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