The Karnataka government has supported a trial in the Supreme Court against a man in a marital rape case. In an affidavit filed before the apex court, the Karnataka government has sought dismissal of the petition challenging the High Court order and favored prosecution of the husband accused of marital rape.<\/p>\n\n\n\n
The state government has said that the Karnataka High Court has considered all relevant questions of law as to whether the section of the law, which decriminalises marital rape, should be struck down. The government has submitted it’s say that the petition is not maintainable in law and on facts and needs to be dismissed. <\/p>\n\n\n\n
The affidavit states that the Karnataka High Court has considered all the questions of law involved in the present petition and no interference of the apex court is required. Citing the case, the state government said whether the allegation is true or not is a matter of trial and the accused cannot be acquitted at this stage despite the protection of husbands against marital rape under the IPC.<\/p>\n\n\n\n
Read Also<\/strong>: Congress leader Rahul Gandhi slams BJP for using Covid to stop his Bharat Jodo Yatra<\/a><\/p>\n\n\n\n After feeling unfairly treated by the High Court verdict, the husband filed the special leave petition before the Supreme Court. But the SC bench comprising the former Chief Justice of India NV Ramana, Justice Hima Kohli and Justice Krishna Murari had passed an order of ad-interim stay on High Court’s judgement.<\/p>\n\n\n\n The apex court had issued notice to Karnataka <\/strong><\/p>\n\n\n\n For the unversed, Clause-2 of Section 375 of IPC excludes the husband from the category of crime of marital rape. The Karnataka government filed this affidavit in response to the notice issued by the apex court on the appeal of the accused husband against the High Court’s verdict. The Karnataka High Court on March 23 had said that exempting a husband from the charge of rape and unnatural sex with his wife was against Article 14 (right to equality) of the Constitution.<\/p>\n\n\n\n