The Karnataka High Court has said exempting a husband from allegation of rape and unnatural sex with his wife runs against the Article 14 of the Constitution, which speaks about equality.
Context
The Karnataka High Court has said exempting a husband from allegation of rape and unnatural sex with his wife runs against the Article 14 of the Constitution, which speaks about equality.
Important provisions for marital rape in India
- Indian Constitution does not treat non-consensual sex within marriage as rape.
- Section 375 of the Indian Penal Code, which prohibits rape, also includes an exception, which reads: "Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape."
- According to the Indian government's latest National Family Health Survey, about 30% Indian women aged 18-49 reported having experienced spousal violence.
- In terms of sexual violence, the average Indian woman is 17 times more likely to face sexual violence from her husband than from anyone else, according to the survey of 724,115 women.
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Other countries criminalising marital rape
Canada (1983), South Africa (1993), Australia (1981 onwards) enacted laws that criminalise marital rape.
