New Delhi: Marriage is not a license to “release brutal animals”, said the Karnataka High Court on Wednesday, in a landmark sequence which allows to frame the accusation of rape against a husband who is accused of forcing his wife as a “sex slave”.
“No negotiating wedding institutions, cannot negotiate and in the view I consider it, should not be interpreted to negotiate, every special man’s privilege or license to release brutal animals. If it can be punished by a man, it must be punished. For a man though , the man became a husband, “said the high court order.
“The acts of brutal sexual violence on their wives, with their agreement, although by the husband, cannot be considered a rape. Such a sexual attack by a husband on his wife will have mental consequences on the wife’s mental sheet, this has a psychological and physiological impact on him. Acts Such husbands discuss the soul of the wives. Therefore, it is very important for legal makers to now “heard silent sounds,” the Order said.
The High Court said “age thought and age tradition that husbands are the rulers of their wives, their bodies, thoughts and souls must be effected”. It was only on the idea of ”ancient, regressive and formed before” that such cases mushroomed in this country, the command word.
Marriage rape is not a crime in India despite campaigning for years.
The Karnataka High Court said it was not talking about whether the marital rape must be recognized as a violation. It’s for the legislature to consider it. “This court is only worried about the accusation of rape framed to the husband who accused the rape of his wife.”
This case involved a woman who told the court that her husband had treated her like sex slaves from the beginning of their marriage. Explain her husband as “inhuman”, he alleged that he was forced to have unnatural sex, even in front of his daughter, by him.
The High Court said in any man, because he became a husband, freed from the accusation of rape, it means inequality in law, and violations of the constitution.
“Women and humans are equal under the constitution cannot be made not the same as the exception of the Section 375 (rape) of the IPC (Indian punishment code). Is for lawmakers to reflect on the existence of inequality in law,” the high court said.
“In my view which is considered, the expression is not progressive but regressive, where a woman is treated as subordinates to her husband, whose concept hates equality,” the command, added that this is why many countries recognize the rape of marriage or rape.
Marriage rape, court shows, is illegal in 50 American countries, 3 Australian states, New Zealand, Canada, Israel, France, Sweden, Denmark, Norway, Soviet Union, Poland and Czechoslovakia and several countries.