Karnataka govt supports in SC trial of man in marital rape case

New Delhi: The Karnataka government has supported in the Supreme Court the trial of a man in a marital rape case saying the state high court has considered all related questions of law, amid a raging debate on whether to do away with a section in law that decriminalises rape by a husband.
In an affidavit filed before the top court, the Karnataka government has sought dismissal of the plea challenging a Karnataka High Court order and supported the prosecution of the husband accused of marital rape.
“It is respectfully submitted that the petition is not maintainable either in law or on facts and the same requires to be dismissed in limine (a motion before the trial starts).
“It is respectfully submitted that the High Court of Karnataka has considered all the questions of law involved in the present petition and it does not require any interference by this court,” the affidavit said.
Referring to the case, the state government said whether the charge finally stands or not is a matter of trial and that the accused cannot be absolved at this stage despite the immunity against marital rape provided to husbands under IPC.
Exception 2 of Section 375 of IPC decriminalises rape by a husband on his wife.