Gujarat High Court Breaks Silence on Marital Rape: 'A Crime is a Crime, Regardless of Relationship'

In a landmark ruling, the Gujarat High Court declared that "a rape is a rape even if it is committed by the victim's husband," challenging the longstanding exemption granted to husbands under Section 376 of the Indian Penal Code. Justice Divyesh Joshi emphasized the need to align India's legal stance with global norms, noting that marital rape is outlawed in numerous countries, including the United Kingdom.

Justice Joshi's order, delivered on December 8, not only dismantled the traditional exemption but also advocated for a fundamental shift in societal attitudes. The judgment highlighted the prevalent trivialization of offenses like eve-teasing and stalking, often dismissed as 'boys will be boys.' The court underscored the urgent necessity to break the 'silence' on gender violence, emphasizing the unseen and often unreported incidents of abuse.

Addressing the societal and economic barriers hindering survivors from reporting crimes, Justice Joshi urged a cultural change. He pointed out the entrenched power imbalances, economic dependencies, and fears of social ostracization that act as disincentives for women to speak out. The judge stressed the higher incidence of violence against women in India than reported, calling for a collective effort to combat gender violence.

The judgment came while dismissing a bail application involving charges of rape, cruelty, and criminal intimidation against a woman, her husband, and her son. The case, brought to light by the daughter-in-law's complaint of the accused recording and uploading intimate videos, led Justice Joshi to condemn the heinous acts and demand strict punishment.

In challenging societal norms and legal exemptions, Justice Joshi's order signifies a crucial step towards recognizing marital rape as a criminal offense and promoting a culture of accountability and justice.

Author: Anushka Taraniya

News Writer, MIT ADT University