A regional appeals court has upheld the prosecution of a man for rape, accused of raping his wife. A rare decision in a country that does not recognize marital rape.
With our correspondent in New Delhi, Sebastien Farcis
A man is accused of repeatedly assaulting and raping his wife. The latter therefore filed a complaint for rape, among other things, five years ago. The husband has appealed this accusation, as he considers himself protected by the Indian Penal Code which does not, in fact, punish marital rape.
But to everyone’s surprise, the Bangalore judge, a 51-year-old man, dismissed his appeal. He believes that this legal exception is regressive, because it violates the equality between men and women guaranteed by the Constitution. ” The institution of marriage cannot confer upon man a special privilege which enables him to unleash bestial violence. “said the magistrate.
This decision, rare in a patriarchal society, applies only to this case for the moment. But it comes as the New Delhi Court of Appeal was seized of an appeal brought by two associations, which ask to invalidate this exception of the Penal Code and to recognize marital rape. The Delhi judges’ decision on the merits is expected in the coming weeks.