MARITAL RELATIONS NOT A BASIS FOR THE HUSBAND TO BE EXEMPTED FROM BEING PUNISHED FOR RAPE: KARNATAKA HIGH COURT The Hon’ble High Court of Karnataka upheld the decision of the sessions court in taking cognizance and framing the charge under Sec 376 of Indian Penal Code and refused to drop the charges against the petitioner – husband. Here are some observations from the Hon’ble High Court; “A man is a man; an act is an act; rape is a rape, be it performed by a man the “husband” or the woman “wife”. “If a man is, a husband, a man he is, can be exempted of allegation of commission of ingredients of Sec 375 of the IPC, inequality percolates into such provision of law. Therefore, it would run counter to what is enshrined in Article 14 of the constitution.” The court refused to pronounce marital rape as an offence or as an exception to be taken away by the legislature. It has asked the legislature to delve into the issue deeper after doing an analysis on the manifold of circumstances and ramifications to be considered to the aforesaid issue. The high court restricted its concern and opinion only to the charge of rape made by the wife against the petitioner – husband in this case. The team at Reddy and Reddy Law Firm are experts in varied field of laws and are regularly representing their clients in front of various courts and tribunals in India.