In what can be seen as an important observation, the Gujarat High Court recently said that rape is rape, be it performed by a man the "husband" against his own "wife". The observation of the high court comes at a time when a series of petitions seeking to criminalise marital rape are pending before the Supreme Court. While disagreeing with the marital rape exception as provided under Section 375 of IPC (Exception 2) that exempts a husband from being punished if he commits sexual acts against the consent of his wife (being 18 or above in age), the Gujarat High Court said that marital rape is illegal in 50 American States, three Australian States and many other countries. ‘If Azaan Causes Noise Pollution, What About Loud Music and Bhajan?’ Gujarat High Court Junks Plea Against Use of Loudspeakers for Islamic Prayer Call.

HC on Rape

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