In 2022, the Karnataka High Court allowed a trial against a husband for rape, describing the marital rape exception as an “age-old… regressive” concept.
However, a critical exemption exists: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.” This exemption effectively grants a husband legal rights to engage in consensual or non-consensual sexual acts with his wife, which petitioners have been challenging.
The two-judge bench of the Delhi High Court delivered a split verdict in 2022, with Justice Rajiv Shakdher in favour of striking down the marital rape exception.
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