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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Parliament passes Waqf (Amendment) Bill, 2025
New Delhi (PTI): Parliament early Friday passed the contentious Waqf (Amendment) Bill, 2025, after it was approved by the Rajya Sabha.
The Lok Sabha had on Thursday approved the Bill after over a 12-hour debate.
In Rajya Sabha, the Bill got 128 votes in its favour and 95 against after all the amendments moved by the opposition were rejected.
In the lower house, the bill was supported by 288 MPs while 232 voted against it.
Participating in a debate in the Rajya Sabha, Minority Affairs Minister Kiren Rijiju said the Bill was brought with a number of amendments based on suggestions given by various stakeholders.
"The Waqf Board is a statutory body. All government bodies should be secular," the minister said, explaining the inclusion of non-Muslims on the board.
He, however, said the number of non-Muslims has been restricted to only four out of 22.
Rijiju also alleged that the Congress and other opposition parties, and not the BJP, were trying to scare Muslims with the Waqf Bill.
"You (opposition) are pushing Muslims out of the mainstream," he added.
He said for 60 years, the Congress and others ruled the country, but did not do much for Muslims and the community continues to live in poverty.
"Muslims are poor, who is responsible? You (Congress) are. Modi is now leading the government to uplift them," the minister said.
According to the Waqf (Amendment) Bill, Waqf tribunals will be strengthened, a structured selection process will be maintained, and a tenure will be fixed to ensure efficient dispute resolution.
As per the Bill, while Waqf institutions' mandatory contribution to Waqf boards is reduced from 7 per cent to 5 per cent, Waqf institutions earning over Rs 1 lakh will undergo audits by state-sponsored auditors.
A centralised portal will automate Waqf property management, improving efficiency and transparency.
The Bill proposes that practising Muslims (for at least five years) can dedicate their property to the Waqf, restoring pre-2013 rules.
It stipulates that women must receive their inheritance before the Waqf declaration, with special provisions for widows, divorced women and orphans.
The Bill proposes that an officer above the rank of collector investigate government properties claimed as Waqf.
It also proposes that non-Muslim members be included in the central and state Waqf boards for inclusivity.
