Ahmedabad: The Gujarat High Court delivered a groundbreaking judgment on December 8, unequivocally stating that rape remains a “grave offense,” regardless of whether it is committed by a woman’s husband. Justice Divyesh Joshi, while rejecting the bail plea of a woman accused of aiding sexual assault, emphasized the fundamental principle that “rape is rape,” irrespective of the relationship between the perpetrator and the victim.
Gujarat High Court Highlights International Precedents
Justice Joshi highlighted the global consensus on the illegality of marital rape, pointing out that numerous countries, including the United States, Australia, Canada, France, and the United Kingdom, among others, have already recognized and criminalized marital rape. The judge underscored that even the United Kingdom, which India’s legal code draws inspiration from, abolished the exception for husbands in 1991.
Petitions Related to Marital Rapes in Supreme Court
The High Court ruling comes at a critical time as the Supreme Court of India is currently considering petitions challenging the exception to Section 375 of the Indian Penal Code, which excludes forceful sexual intercourse by a husband from the scope of rape laws. Several public interest litigations (PIL) have questioned the validity of this immunity clause, alleging discrimination against married women. The split verdict by the Delhi High Court in May 2022 adds complexity to the ongoing legal discourse.
Rajkot Marital Rape Case
In August 2023, a distressing case surfaced in Rajkot, where a woman accused her husband, father-in-law, and mother-in-law of sexual assault. The Gujarat Police arrested all three individuals and filed charges under various sections of the Indian Penal Code, including cruelty by relatives, rape, molestation, and criminal intimidation.
The victim’s ordeal goes beyond traditional marital rape, involving disturbing allegations of forced sexual acts that were recorded and circulated on pornographic sites for financial gain. Additionally, she reported receiving threats and intimidation from her family members, including her in-laws.
High Court Addresses Broader Spectrum of Sexual Violence
In the 13-page order, Justice Joshi highlighted the diverse nature of sexual violence, which encompasses stalking, verbal and physical assault, and harassment. The court expressed concern over the trivialization and normalization of such offenses, cautioning against attitudes that perpetuate harmful stereotypes, as often seen in popular culture and media. The order emphasized the long-lasting and detrimental impact on survivors when crimes are romanticized or condoned with phrases like “boys will be boys.”
In a landmark judgment, the Gujarat High Court in India declared that “rape is rape, even if it is committed by a woman’s husband.” This ruling is a significant step towards recognizing and addressing the issue of marital rape, which is often overlooked or dismissed.
The court’s decision came during a hearing of a case involving a wife who accused her husband of sexual assault. The judges emphasized that consent is crucial in any sexual relationship, including within the institution of marriage. They stated that marriage should not be considered as an irrevocable consent for sexual activity, and any act without the wife’s consent amounts to sexual assault.
This ruling challenges the prevailing societal mindset and legal loopholes that have shielded perpetrators of marital rape from prosecution. By acknowledging that rape within the confines of marriage is a serious offense, the court has taken a significant step towards ensuring justice and protection for victims.
The judgment further highlights the urgent need for legislative reforms to criminalize marital rape across India. Currently, the country’s laws do not explicitly recognize or criminalize marital rape, leaving millions of women vulnerable and without legal recourse. This ruling from the Gujarat High Court will likely have a positive impact on the ongoing discussions surrounding this issue, encouraging further legal reform and societal change.
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