Rape is rape even when committed by husband on his wife: High Court

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• Dec 18, 2023 | Dhupali Das

Citing the detrimental impact of viewing sexual crimes through the lens of "boys will be boys," the court highlighted the...

Digital Desk: The Gujarat High Court has resolutely affirmed that "rape is rape," regardless of the perpetrator being a husband. Justice Divyesh Joshi's recent ruling boldly challenges the entrenched societal norms surrounding sexual violence within marriages, calling for an end to the culture of silence enveloping such heinous acts in India.

The court's order, while rejecting the regular bail plea of a woman implicated in her daughter-in-law's brutal mistreatment, sheds light on the pervasive underreporting of violence against women. Justice Joshi emphasized that the actual incidents of such atrocities might far surpass recorded data, attributing this discrepancy to societal attitudes that belittle and normalize various forms of abuse against women.

The order elucidates how societal perceptions often downplay behaviors like stalking, verbal and physical assault, and harassment, terming them as "minor" offenses, perpetuating a dangerous trend of trivialization and even romanticization, notably in popular media like cinema.

Citing the detrimental impact of viewing sexual crimes through the lens of "boys will be boys," the court highlighted the enduring trauma faced by survivors and condemned the notion of exempting husbands from accountability for acts that would be deemed criminal if committed by anyone else.

Justice Joshi stressed the constitutional principle of gender equality, emphasizing that marriage is a union of equals, rejecting the archaic notion that spousal relationships warrant differential treatment under the law.

The court's observations underscored the prevalent, yet hidden, nature of gender-based violence, attributing its root causes to deeply ingrained power imbalances between men and women, exacerbated by cultural norms, economic dependence, and societal pressures.

The verdict punctuates the alarming trend where victims often endure abuse silently due to economic dependencies and fear of social ostracization. It calls for a resolute break from this silence, urging both men and women to take an active role in combating violence against women.

Furthermore, the judgment highlighted that marital rape is illegal in various countries, including several states in the United States, Canada, parts of Europe, and beyond. Even the United Kingdom has abolished exceptions for husbands in this regard.

The case that prompted this landmark ruling involved a horrifying instance where the victim's husband, father-in-law, and mother-in-law were arrested under multiple sections of the Indian Penal Code, including rape, cruelty, and criminal intimidation. The victim's ordeal, involving the filming of intimate moments and subsequent circulation of nude videos for monetary gain, was aggravated by financial distress within the family.

The court unequivocally held the accused woman accountable for her complicity, noting her awareness and failure to prevent the illicit and shameful acts perpetrated by her husband and son against the victim.

This bold stance by the Gujarat High Court sends a resounding message, challenging societal norms and legal exceptions that perpetuate marital rape and other forms of gender-based violence. It underscores the imperative to break the silence and calls for a collective effort to create a society where women are protected from such abhorrent acts, regardless of the perpetrator's identity or relationship.