Rape is Rape, Irrespective of Marital Status: Gujarat High Court

Ahmedabad : The Gujarat High Court has unequivocally declared that the heinous act of rape remains unchanged, regardless of whether the perpetrator is a spouse.

Justice Divyesh A Joshi, while pronouncing judgement in the case of  Anjanaben Modha vs. State of Gujarat, wherein a man sought immunity from a rape charge, citing his relationship with the victim, stated that ‘Rape is Rape, irrespective of marital status’.

The court firmly dismissed the bail application of the accused, reiterating that “a man is a man; an act is an act; rape is rape, be it performed by a man, the ‘husband’ on the woman ‘wife’.” This resounding stance came amidst a case involving a daughter-in-law’s abuse by her husband, father-in-law, and complicit mother-in-law, who allegedly recorded intimate moments for financial gain.

The Bench, led by Justice Joshi, delved into the specifics of the case, highlighting the egregious nature of the alleged crimes. It emphasized that marital ties did not absolve the accused from accountability, citing constitutional rights that uphold equality and dignity, asserting that “Marital rape is illegal.”

The judgment not only condemned the specific case but also called for a paradigm shift in societal attitudes towards gender-based violence. It underscored the need to break the silence surrounding such acts and emphasized the critical role men must play in combating violence against women.

The court’s decision reverberated across legal corridors, emphasizing the imperative need for zero tolerance towards rape and reinforcing the principle that justice must prevail, irrespective of the perpetrator’s relationship with the victim.

The verdict sets a significant precedent in acknowledging the gravity of sexual assault within marriage, signaling a pivotal moment in the legal landscape, as the judiciary takes a resolute stance against such egregious acts of violence.