Marriage does not grant husband ownership over his wife: HC on uploading of intimate video
_vb_12.jpeg)
Prayagraj (PTI): The Allahabad High Court has refused to quash a criminal case against a man accused of uploading an intimate video of himself and his wife on Facebook, observing that marriage does not grant a husband ownership or control over his wife, nor does it dilute her autonomy or right to privacy.
Dismissing an application filed for quashing the charge sheet, Justice Vinod Diwakar observed, "By uploading an intimate video on Facebook, the applicant (husband) has gravely breached the sanctity of the marital relationship. A husband is expected to honour the trust, faith, and confidence reposed in him by his wife, particularly in the context of their intimate relationship."
"The act of sharing such content amounts to a violation of the inherent confidentiality that defines the bond between husband and wife. This breach of trust undermines the very foundation of the marital relationship and is not protected by the marital bond," the court added.
The court further said, "A wife is not an extension of her husband but an individual with her own rights, desires, and agency. Respecting her bodily autonomy and privacy is not just a legal obligation but a moral imperative in fostering a truly equal relationship."
A case was filed against one Pradumn Yadav under section 67 of the IT Act in Mirzapur district by his wife alleging that Yadav, without her knowledge and consent, made an obscene video of an intimate act performed between them from his mobile, firstly uploaded on Facebook and thereafter shared with the cousin of his wife and other co-villagers.
Counsel for applicant submitted that the applicant is the legally wedded husband of the complainant and, therefore, no offence under Section 67 of the IT Act has been made out qua applicant. There are fair chances of compromise between the husband and wife.
However, the Additional Government Advocate opposed the argument on the grounds that even though the complainant is the legally wedded wife of the applicant, the applicant has no right to make an obscene video of her and circulate it to the cousin and other co-villagers.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
