Relationship of husband/wife an Intelligible differentia for Article 14 for #MaritalRape

 

.                                                           Synopsis

 

Intelligible differentia: With marriage wife takes away the right of a husband to have sex with any other woman but any stranger woman doesn't takes away that right from any man. So certainly there is a Intelligible differentia between any other women and wife.


    Intelligible differentia


·       We have bachelor male / female, he /she is legally allowed to have sex with anyone (not bounded by marriage).

·       We have divorced male / female, he /she is legally allowed to have sex with anyone (not bounded by marriage).

·       Then we have married male / female, he is legally not allowed to have sex with anyone other women.  

 

        It is a criminal offence to have sex with anyone other than spouse for a married male. As we as a society and law rightly want a spouse to be faithful. We in our law don’t want him/her to have sex with anyone else other than spouse.

 

        Any women doesn’t takes away the right of man to have sex with any other women but a wife takes away the right of a man/husband to have sex with any other women. So there is certainly an intelligible differentia between a wife and other women when it comes to marital sex.

  

    If a girl uses credit card of a man, without his permission is it called theft à A big “YES”

    If a divorced women uses credit card of her ex-husband, without his permission is it called theft à A big “YES”

    If a wife uses credit card of her husband, without his permission, is it called theft à   A Big no

    Can it be considered as theft à  NO , it’s a big NO

    Should it be considered as theft à  NO

 

Although there is no such exception in offence of theft, still wife cannot be prosecuted for theft in such scenario. It is because it is inherent and it doesn’t need specific mention of exception.

          This even leads to the question whether any exception is even needed in the offence of rape to exempt husband from it, because sexual relationship is inherent in the relationship between husband and wife and it cannot be even called and prosecuted for rape, as in the case of theft. 

        As husband/wife relationship is unique in all prospective then relationship between two stranger man and woman, there is considerable intelligible differentia between husband/wife relationships as compared to strangers. When husband is exempted from Section 375/376 of IPC, it cannot be considered as violation of Article 14 of the Constitution  as husband /wife can be considered as separate class based on Intelligible differentia.  

 

 

 

 

 

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