The Gujarat High Court’s Bold Stand: Marital Rape Recognized as ‘Rape’

New Delhi: In a landmark decision, the Gujarat High Court reinforced that sexual assault by a husband on his wife is unequivocally considered rape. The ruling, delivered by Justice Divyesh Joshi on December 8, firmly establishes that regardless of the relationship between perpetrator and victim, an act of rape holds severe legal consequences.

This judgment challenges the prevailing exemption in Section 375 of the Indian Penal Code that previously shielded husbands from rape charges. Justice Joshi emphasized the global trend where multiple nations, including the United Kingdom, have criminalized marital rape, echoing that a man’s identity doesn’t alter the gravity of the crime—rape remains rape.

The ruling underlines the urgent need to shift societal attitudes that often trivialize offenses like stalking or harassment with phrases like ‘boys will be boys’. By breaking the silence surrounding sexual violence against women, the court aims to dismantle the harmful norms that perpetuate such crimes.

This decision arrives at a critical juncture when the Supreme Court is deliberating on petitions challenging marital rape exceptions. The court’s stance serves as a crucial step forward in recognizing and addressing the pervasive issue of gender-based violence, echoing the urgent need to break the silence and change social attitudes.