A woman and man being equal under the Constitution of India cannot be made unequal through the exception to a husband from facing rape charge for forcing his wife to sexual acts sans her consent, the High Court of Karnataka observed on Wednesday.
“A brutal act of sexual assault on the wife, against her consent, albeit by the husband, cannot but be termed to be rape... Such acts of husbands scar the soul of the wives. It is, therefore, imperative for lawmakers to now hear the voices of silence,” the court further observed.
It is for the lawmakers to ponder over existence of such inequalities in law, said Justice M. Nagaprasanna in his verdict, which has upheld charges framed against a husband by a trial court in Bengaluru city for allegedly raping and sexually assaulting his wife.
