The Gujarat High Court on Monday passed a law which states that husband will not be examined as a rapist now. If his wife is above 18 years of age, she cannot charge him for Marital Rape.
High court decision
An act of Rape by a husband is not an act of crime under section 375 of IPC. IPC Section 375 defines rape. According to this section if a man tries to rape a girl without her consent then it will be considered as a crime. But now this law has been revised.
The new law states that a woman cannot call for legal provisions and prosecute her husband with the charge of Rape.
According to Gujarat Government, women can protect her body like the way she protects her fundamental rights. The decision is taken by the High court as many of the women’s were seen misusing this right. According to court Sexual Intercourse by a man with his wife is not considered as a rape.
Justice JB Pardiwala’s passed this law after the petition filed by the doctor. He reached the high court to get the FIR which was filed against him by his wife. A lady doctor filed an FIR against her husband in Idar Police station of district Sabarkantha. The lady accused her husband of dowry harassment, rape, and unnatural sex.
The court directed the ASP of Himmatnagar to investigate the case. As the FIR was not written as per the statement of the victim. According to the court, a husband cannot be prosecuted with the charge of rape under Section 375 of IPC. Justice Pardiwala’s refused wife’s request of allowing CID or the CBI to investigate the case further. He further rejected her complaint against the husband parents and will continue with all the proceedings regarding the case.
Further, the court said that under IPC Section 377, a wife can initiate legal proceedings against her husband for unnatural sex. Any offensive act which involves unnatural penetration will be considered as a crime under this Section of IPC.
High court further added to this that if a man forces his wife for sexual intercourse than he could be charged for offending the modesty of a woman under IPC Section 354. Also, if he demands and harasses his wife for dowry then it would be considered as a crime.