Rape Is Rape, Even If It Is Committed By A Woman's Husband: Gujarat High Court

Marital Rapes In India: Justice Joshi highlighted the global consensus on the illegality of marital rape, pointing out that 50 American states have already recognized and criminalized marital rape.

Ahmedabad: In a ground-breaking judgement delivered on December 8, the Gujarat High Court unequivocally declared that rape remains a "grave offence," even if it is committed by a woman's husband. Justice Divyesh Joshi, while rejecting the bail plea of a woman accused of abetting sexual assault, emphasized the fundamental principle that "rape is rape," irrespective of the relationship between the perpetrator and the victim.

Gujarat High Court Cites International Precedents

Justice Joshi highlighted the global consensus on the illegality of marital rape, pointing out that 50 American states, three Australian states, New Zealand, Canada, Israel, France, Sweden, Denmark, Norway, the Soviet Union, Poland, Czechoslovakia, and the United Kingdom, among others, have already recognized and criminalized marital rape. The judge underscored that even the United Kingdom, from which India's present legal code draws inspiration, abolished the exception for husbands in 1991.

Petitions In SC Related To Marital Rapes

The HC ruling comes at a crucial time as the Supreme Court of India is currently deliberating on petitions challenging the exception to Section 375 of the Indian Penal Code, which excludes forceful sexual intercourse by a husband from the purview of rape laws. Multiple public interest litigations (PIL) have contested the validity of this immunity clause, alleging discrimination against married women. A 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 emerged in Rajkot, where a woman accused her husband, father-in-law, and mother-in-law of sexual assault. The Gujarat Police arrested all three and filed charges under various sections of the Indian Penal Code, including cruelty by relatives, rape, molestation, and criminal intimidation.

The victim's ordeal transcends traditional marital rape, involving disturbing allegations of forced sexual acts that were recorded and circulated on pornographic sites for monetary gain. Additionally, she reported threats and intimidation from her family members, including in-laws.

HC Addresses Broader Spectrum Of Sexual Violence

Justice Joshi, in the 13-page order, highlighted the diverse nature of sexual violence, encompassing stalking, verbal and physical assault, and harassment. The court expressed concern over the trivialization and normalization of such offences, cautioning against attitudes that perpetuate harmful stereotypes, as seen in popular culture and media. The order stressed the lasting and pernicious impact on survivors when crimes are romanticized or condoned with phrases like 'boys will be boys.'