Marriage does not grant husband ownership over his wife: HC on uploading of intimate video
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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.
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Mumbai police issue 2nd notice for appearance to comedian Kamra over anti-Shinde remarks
Mumbai, Mar 26 (PTI): Police on Wednesday issued a second notice to stand-up comedian Kunal Kamra in connection with a case filed in Mumbai for allegedly making derogatory remarks against Maharashtra Deputy Chief Minister Eknath Shinde, an official said.
According to the official, in the notice, the 36-year-old comic has been asked to appear before the investigating officer of the case filed at the Khar police station in suburban Mumbai on a complaint lodged by Shiv Sena MLA Murji Patel.
It was not clear when Kamra's appearance has been sought as the official did not provide further details.
Police issued the first notice to Kamra on Tuesday and sought his presence, citing start of probe into the defamation case against him.
After the first notice, sources said the comic had sought one week's time to appear before police.
The comedian has kicked up a major political storm in Maharashtra by making caustic remarks against Shinde, who heads the Shiv Sena, in his show recorded at a studio in Mumbai a few days ago.
Kamra, without taking Shinde's name, targeted the Deputy CM over his political career, including the 2022 rebellion against then-Chief Minister Uddhav Thackeray which brought down the Maha Vikas Aghadi (MVA) government.
Kamra had performed a parody of a popular Hindi song from the film "Dil Toh Pagal Hai," apparently referring to Shinde as a "gaddar" (traitor). He also cracked jokes about recent political developments in Maharashtra, including the split in the Shiv Sena (2022) and the NCP (2023).
On Sunday night, Shiv Sena members damaged the Habitat Comedy Club in Khar, where Kamra's show took place, as well as the hotel in whose premises the venue is located.
Based on a complaint of Shiv Sena MLA Patel, the Khar police have registered an FIR against Kamra for allegedly making defamatory remarks against Shinde.
The police have also registered a case against 40 workers of the Shinde-led Shiv Sena for vandalising the venue of the comedian's show.
On Monday, the police arrested Shiv Sena functionary Rahul Kanal and 11 others for ransacking the show venue. A local court granted them bail the same day.
