Gujarat High Court: Marital Rape is a Crime, No Exceptions for Husbands

In a landmark ruling, the Gujarat High Court has firmly declared that rape is rape, regardless of whether it is committed by a spouse. Justice Divyesh Joshi, in a recent single-judge order, pointed out that marital rape is illegal in many countries, including fifty American States, three Australian States, New Zealand, Canada, Israel, France, Sweden, Denmark, and Norway.

Drawing parallels with the United Kingdom, the judge emphasized that the Indian Penal Code has abolished the exception exempting husbands from rape charges. According to the court, a man committing sexual assault or rape is now liable under Section 376 of the IPC, irrespective of marital ties.

The bench stated, "In most of the cases of such a nature, the usual practice is that if the man is the husband, performing the very same acts that of another man, he is exempted. In my considered view, the same cannot be countenanced. A man is a man; an act is an act; rape is rape, be it performed by a man the 'husband' on the woman the 'wife'."

Justice Joshi expressed the need for a shift in societal attitudes, calling out the trivialization of offenses like eve-teasing and stalking with the phrase "boys will be boys." Stressing the importance of breaking the silence surrounding gender violence, the court acknowledged the various degrees of sexual violence, ranging from rape to offenses like stalking and eve-teasing.

The judge underlined the pervasive cultural norms that often downplay such crimes, emphasizing the lasting impact on survivors.

The court's strong stance on recognizing marital rape as a crime came during the dismissal of a bail application filed by a woman accused, along with her husband and son, of rape, outraging modesty, cruelty, and criminal intimidation.

Case Title: ANJANABEN W/O BHAVINBHAI DEVSHANKARBHAI MODHA Versus STATE OF GUJARAT