Rape is rape, be it by man or husband: Karnataka High Court on marital rape
Bengaluru, Mar 23: The Karnataka High Court on Wednesday said that a brutal act of sexual assault on the wife, against her consent, albeit by the husband, cannot but be termed to be rape.
It said such sexual assault by a husband on his wife will have grave consequences on the mental state of the wife; it has both psychological and physiological impact on her.
Further stating that such acts of husbands scar the soul of the wives, the court observed that it is, therefore, imperative for the lawmakers to now "hear the voices of silence".
The single judge bench of Justice M Nagaprasanna made these observations while refusing to interfere with the proceedings initiated against a man, the petitioner, on charges of rape, cruelty as also offences under the POCSO Act for alleged sexual acts against his wife and daughter.
"If a man, a husband, a man he is, can be exempted from the allegation of commission of ingredients of Section 375 of the IPC (rape), inequality percolates into such provision of law," the court said.
Stating that all human beings under the Constitution are to be treated equal, be it a man, be it a woman and others, it said, any thought of inequality, in any provision of law, would fail the test of Article 14 of the Constitution.
"Woman and man being equal under the Constitution cannot be made unequal by Exception-2 to Section 375 of the IPC," it further said, adding, it is for the lawmakers to ponder over the existence of such inequalities in law.
Further, pointing out that for ages man donning the robes of a husband has used the wife as his chattel; but his crude behavior not withstanding his existence because of a woman, the court said, "The age-old thought and tradition that the husbands are the rulers of their wives, their body, mind and soul should be effaced. It is only on this archaic, regressive and preconceived notion, the cases of this kind are mushrooming in the nation".
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Attack on Saif worrisome: NCP(SP) leader Supriya Sule
Mumbai (PTI): NCP (SP) Lok Sabha member Supriya Sule on Thursday expressed concern over the attack on Bollywood actor Saif Ali Khan by an intruder at his home in Mumbai and termed the incident as "worrisome".
Sule, who is a friend of Saif Ali Khan's wife Kareena Kapoor Khan's family, said the actor was hospitalised and was safe. The incident took place at around 2.30 am on Thursday at Saif Ali Kan's house in Mumbai's Bandra area, according to police. The actor, who was injured after the intruder attacked him with a knife, was hospitalised and required a medical procedure.
Sule spoke to Saif Ali Khan's sister-in-law Karisma Kapoor over phone in the presence of mediapersons at Baramati in Pune but declined to share details of the conversation. Saif Ali Khan was in hospital while Kareena had returned home, Sule was apparently told by Karisma Kapoor.
The NCP (SP) leader also enquired with Karisma Kapoor on how the intruder got inside Khan's house. "Saif is safe and in hospital. Wait for the official statement from the family and the police," Sule told reporters. The parliamentarian is a friend of Kareena Kapoor Khan's aunt Reema Jain, the daughter of legendary filmmaker and actor late Raj Kapoor.
"There was an attempted burglary in Saif Ali Khan and (his wife and actor) Kareena Kapoor Khan's residence last night. Saif had an injury on his arm for which he is in hospital, undergoing a procedure. The rest of the family is doing fine," Kareena Kapoor's team said in a statement. "We request the media and fans to be patient and not speculate any further as the police is already doing their due investigations. Thank you all for your concern," the statement said.
