New Delhi (PTI): The Karnataka government has supported in the Supreme Court the trial of a man in a marital rape case saying the state high court has considered all related questions of law, amid a raging debate on whether to do away with a section in law that decriminalises rape by a husband.

In an affidavit filed before the top court, the Karnataka government has sought dismissal of the plea challenging a Karnataka High Court order and supported the prosecution of the husband accused of marital rape.

"It is respectfully submitted that the petition is not maintainable either in law or on facts and the same requires to be dismissed in limine (a motion before the trial starts).

"It is respectfully submitted that the High Court of Karnataka has considered all the questions of law involved in the present petition and it does not require any interference by this court," the affidavit said.

Referring to the case, the state government said whether the charge finally stands or not is a matter of trial and that the accused cannot be absolved at this stage despite the immunity against marital rape provided to husbands under IPC.

Exception 2 of Section 375 of IPC decriminalises rape by a husband on his wife.

The affidavit was filed in response to a notice issued by the apex court on an appeal by the man against the Karnataka high court judgment.

The high court had on March 23 said exempting a husband from allegation of rape and unnatural sex with his wife runs against Article 14 (equality before law) of the Constitution.

"If a man, a husband, a man he is, can be exempted from the allegation of commission of ingredients of Section 375 (rape) 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 high court had said in the order.

The had dismissed the petition filed by the man seeking quashing of the proceedings of allegedly committing rape and unnatural sex with his wife and sexually harassing their daughter.

According to the high court, sexual assault by a husband on his wife will have grave consequences on the mental state of the woman as it has both psychological and physiological impact on her.

"Such acts of husbands scar the souls of the wives. It is, therefore, imperative for the lawmakers to now 'hear the voices of silence'," the high court had said.

The judge observed that in the Victorian era women were denied the exercise of basic rights and liberties and had little autonomy over their choice and, also, their statuses were nothing beyond those of materialistic choices. They were treated as chattels, the court had said.

The petitioner's wife, who had lodged the complaint of rape and unnatural sex against her husband and also of sexually harassing his own daughter, stated she had become a sex slave to her husband right from the day of the marriage.

The apex court had, in an important order in September, held the meaning of rape must include marital rape for the purpose of Medical Termination of Pregnancy Act. 

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Mumbai, May 8: NCP founder Sharad Pawar's remark on regional parties' possible merger with the Congress shows it has become difficult for him to manage his own party, Maharashtra Deputy Chief Minister Devendra Fadnavis said on Wednesday.

Chief Minister Eknath Shinde latched on to Pawar's comment to target Shiv Sena (UBT) chief Uddhav Thackeray, saying the latter has already become "Congress-minded".

Another leader of the ruling 'Mahayuti' in Maharashtra said Pawar's remarks reflect that ground was slipping from under his feet in his home turf Baramati and the only option before him was merging his party with the Congress.

In an interview to The Indian Express, Pawar said that in the next couple of years, several regional parties will associate more closely with the Congress or may look at the option of merger with it if they believe that is best for their party.

To a question if that applied to his own party, Pawar told the newspaper that he doesn't see any difference between the Congress and his party because both belong to the Gandhi, Nehru line of thinking.

Pawar made it clear that any decision on strategy or the next step will be taken collectively. He also said that his party is close to the Congress ideologically and that Uddhav Thackeray is positive about working together with like-minded parties.

Asked about Pawar's remark, Shinde said the Shiv Sena (UBT) has already become Congress-minded.

"Pawar is a big leader and he makes such statements. But the Sena (UBT) faction has already become Congress as they speak the language of the Congress and Pakistan," Shinde, who heads the ruling Shiv Sena, said.

"Just the formality (of merger between them) is remaining," he added.

Fadnavis said that through his remark, Pawar might be suggesting that it was difficult for him to run his party and hence he may opt to merge it with the Congress.

"It is nothing new because Pawar has formed new parties and later merged them with the Congress," he said.

Former Congress leader Sanjay Nirupam, who recently rejoined the ruling Shiv Sena led by CM Shinde, said Pawar has been thinking about merging his party with the Congress for a long time and even the Congress had given the proposal to this effect to him.

"But Congress rejected the proposal to entrust the leadership to Supriya Sule. Pawar's fresh comment suggests that the ground is slipping from under his feet in Baramati. Even if that is not the case, he has no option but merge his party with Congress which will be seen as a merger of two loss-making companies," the former MP said.

BJP leader Prasad Lad asked whether the Sena (UBT) will merge with the Congress along with the Sharad Pawar-led party.

"Uddhav Thackeray has stopped saying 'My Hindu brothers and sisters' at the outset of his speeches. He has become friends with those who criticise Veer Savarkar. Only time will tell whether Thackeray will merge his party with Congress," he said.

NCP (SP) working president Supriya Sule said her father made a generic statement.

Leader of Opposition in the state assembly and senior Congress leader Vijay Waddetiwar said there was truth in what Pawar said.

"He has a long-term vision. People are fed up with the dictatorial regime and want a change of guard," he said, targeting the BJP-led government.

Chhagan Bhujbal of the Ajit Pawar-led NCP said he doesn't think regional parties will merge with the Congress.

"They are strong in their respective states and have formed governments in West Bengal and Odisha," he said, referring to the Trinamool Congress (TMC) and the Biju Janata Dal (BJD).

The NCP founded by Sharad Pawar in 1999 split in July 2023 after his nephew Ajit Pawar rebelled against him and joined the Eknath Shinde-led government. The Election Commission and assembly speaker later recognised the Ajit Pawar-led faction as the "real NCP" and allotted the clock symbol to it, while the NCP (SP) group was given 'man blowing turha' as the symbol.