Marriage does not grant husbands control over wives' autonomy, privacy: Allahabad High Court

Vartha Bharati | 02-01-2025 | 11:36:00 IST

Allahabad High Court (en.wikipedia.org)

Prayagraj: The Allahabad High Court has firmly stated that it is time for husbands to discard outdated Victorian-era mentalities and acknowledge that a wife’s body, privacy, and rights belong solely to her and are not subject to her husband’s control or ownership.

A single-judge bench of Justice Vinod Diwakar made these observations while dismissing a plea filed by a man accused of secretly recording intimate videos of his wife without her consent, uploading them on Facebook, and sharing the footage with her cousin.

The petitioner sought to quash the chargesheet and criminal proceedings under s. 67B of the Information Technology Act, arguing that no offence could be made out as the complainant was his legally wedded wife. He also contended that the FIR was anti-timed, the victim's statement under s. 161 CrPC showed substantial improvements, and no material evidence linked him to the alleged acts.

Opposing the plea, the Additional Government Advocate argued that serious allegations were made against the husband. The complainant's legal relationship with the accused did not give him the right to make or circulate an obscene video.

Rejecting the husband’s arguments, the Court observed that such claims could be raised during trial but cannot be grounds for quashing proceedings under s. 482 CrPC. Addressing the core issue, the Court remarked:

“Marriage does not grant a husband ownership or control over his wife, nor does it dilute her autonomy or right to privacy. By uploading an intimate video on Facebook, the applicant has gravely breached the sanctity of the marital relationship.”

Referring to historical principles like the Victorian doctrine of coverture, the Court stated that it is high time for husbands to move past regressive mindsets that undermine women’s autonomy. It emphasised the constitutional right to privacy, citing landmark cases such as Roe v. Wade (US) and K.S. Puttaswamy v. Union of India (India), which recognise bodily autonomy and personal liberty as fundamental rights.

The Court further underscored that a wife is an individual with her own rights and agency, not an extension of her husband. Respecting her bodily autonomy and privacy is not only a legal duty but also a moral obligation essential for fostering an equal relationship.

Dismissing the plea, the Court highlighted that any attempts to control or violate a wife’s rights through coercion, abuse, or the non-consensual sharing of intimate details constitute severe breaches of trust and legality.

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NCERT revamps curriculum committee after SC rap over Class 8 textbook

08-04-2026 ¦ 08-04-2026 IST

Image Credit: AI

New Delhi (PTI): The NCERT has reconstituted its curriculum committee after being rapped by the Supreme Court over a section on "Corruption in Judiciary" in the now-withdrawn Class 8 Social Science textbook, officials said on Wednesday.

The high-powered, 20-member National Syllabus and Teaching Learning Material Committee (NSTC) of the National Council of Educational Research and Training (NCERT) includes IIT Madras Director V Kamakoti; Indian Council of Historical Research Chairman Raghuvendra Tanwar; former Vice-Chancellor of the National Law School of India University R Venkata Rao; and Amarendra Prasad Behera, Joint Director-in-Charge, Central Institute of Educational Technology, NCERT.

Earlier, the panel had 22 members.

Following Supreme Court orders, three members have been removed from the NSTC. These are Michel Danino, former guest professor at IIT Gandhinagar; M D Srinivas, chairman of the Centre for Policy Studies, Chennai; and the late Bibek Debroy, former chairman of the Prime Minister's Economic Advisory Council.

"Reconstitution of NSTC has been undertaken to strengthen it through necessary updates," a senior official said.

The committee is empowered to develop school syllabi and teaching-learning material, including textbooks for Grades 3 to 12, and if required, to appropriately revise the existing textbooks of Grades 1 and 2 to ensure a smooth transition from Grade 2 to 3.

In February, the Supreme Court had taken up suo motu cognisance of the Class 8 Social Science textbook, which discussed a section on "Corruption in Judiciary".

The court later imposed a "blanket ban" on the use of physical or online copies of the said textbook.