Case Name - Hrishikesh Sahoo v State of Karnataka
Issue -
1. Does the exception to marital rape violate a married woman’s right to equality by denying her the same legal remedies as unmarried women?
2. Does the exception to marital rape deny married women of the same status as men in a marriage?
3. Does the exception to marital rape violate a wife’s right to privacy?
Status - Pending
Summary - The SC will decide if the marital rape exception to Section 376 of the IPC violates the fundamental rights of married women.
In the case of Hrishikesh Sahoo v. State of Karnataka, the Karnataka High Court addressed the issue of marital rape. The court ruled that the exemption provided to husbands under Section 375 of the Indian Penal Code (IPC), which prevents them from being charged with rape against their wives, was not absolute. Justice M. Nagaprasanna held that a rape is still a crime, regardless of whether it is committed within a marriage, and that no exemption in law should allow such acts. This decision emphasized that granting husbands immunity from rape charges violates women's rights to equality, dignity, and bodily autonomy under Articles 14, 15, and 21 of the Indian Constitution.
The court's ruling marked a significant step towards recognizing marital rape as a crime in India. However, this judgment was later stayed by the Supreme Court following a challenge from the husband, where the case awaits further deliberation
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