Updated December 17th, 2023 at 17:55 IST
Rape is rape even if committed by husband against wife, rules Gujarat High Court
Gujarat High Court observed that a rape would still be termed as rape even if it was committed by a husband.
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Gujarat High Court in a major verdict on Sunday observed that a rape would still be termed as rape even if it was committed by a husband against his wife.
The court stated that marital rape was termed illegal in 50 American states, three Australian states, to name a few. The bench headed by Justice Divyesh A Joshi noted that IPC, which largely draws from the United Kingdom (UK), has removed the exception following a judgment by the House of Lords in R v. R in the year 1991.
The court in its ruling also stated that the Britishers, who had given the Code, themselves abolished the exception that was earlier given to husbands.
The bench observed the same while denying bail to a complainant's mother-in-law who was accused of helping, instigating and abetting her husband (complainant's father-in-law) and son to take nude videos and photographs of the complainant and share them in a WhatsApp group.
The complainant also accused her father-in-law of sexually assaulting her and installing a CCTV camera in her bedroom. She claimed her father-in-law and her mother-in-law would secretly watch her lovemaking and intimate moments with her husband on a TV screen in their bedroom.
The woman also accused her husband of uploading their sexual acts on porn websites. She also accused her mother-in-law of defending her son and husband when she tried to narrate her ordeal with the latter.
The woman claimed that the family sold her videos on porn websites to save their hotel from being sold out. The court denied bail to the mother-in-law.
A petition seeking to criminalise marital rape is also pending before the Supreme Court.
Published December 17th, 2023 at 17:55 IST