Marital rape is not a criminal offence yet, but it should be: Gujarat HC

The Gujarat High Court on Monday ruled that marital rape is not a criminal offence under Section 375 of the Indian Penal Code. As such, a man can't be prosecuted to have raped his wife. The High Court, however, underlined the importance of criminalising it, saying the "destructive attitude" that promotes rape in a marriage can be removed only by making marital rape "illegal".

Justice Pardiwala, however, said that a wife can initiate proceedings against her husband for unnatural sex under Section 377 of the IPC. Subjecting his married partner to have oral or unnatural sex was akin to cruelty, the judge concluded.

Quoting and citing previous judgments, the court observed that though a husband had the right to have sex with his legally wedded wife, she was not his property and it should not be without her consent.

However, Justice Pardiwala cited Section 375 of the IPC as an exception: “(A man is said to have committed rape) With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.”

Uber falls in line; receives license to ply on Karnataka's roads

Uber has finally received a license from the department of transport of the State of Karnataka to ply on the roads of cities such as Bengaluru and Mysuru, months after a case in the high court ruled that the state found it within its powers to regulate taxi aggregators.

The San Francisco-based firm received its license on December 31, nearly six months after rival Ola was granted a license by the state. Uber adhered to the minimum criteria of equipping 100 cabs with digital fare meters, panic buttons and state taxi permits.

"On Saturday, December 31, we received the Karnataka Aggregator's License from the transport department, and will continue to work with authorities to bring in progressive regulations that recognise ridesharing and allow Uber to best serve the drivers, riders and cities of India," said an Uber spokesperson.

While the company has received a license, it says it will continue to engage with the state to push for reforms in the state's aggregator rules. Both Uber and the state are awaiting the Union government's proposed amendments to Section 93 of the Motor Vehicle Act to take things forward.

In June, Uber had filed a petition against the state in the Karnataka High Court seeking to quash the rules that capped fares, required cabs to be fitted with GPS modules, panic buttons and taxi boards. The company's main contention was that the rules were unconstitutional and that the state did not have the power to regulate companies such as it.(Read More)