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The Gujarat High Court has observed that a rape is a rape, even when it is committed by a man on his wife.

Rape is rape even when committed by husband: Gujarat HC

The Gujarat High Court has observed that a rape is a rape, even when it is committed by a man on his wife.

A rape is a rape, even when it is committed by a man on his wife, the Gujarat High Court has observed, citing that the silence shrouding sexual violence against women in India needs to be broken.
In an order passed recently, Justice Divyesh Joshi observed that the actual incidences of violence against women in India are probably much higher than what the data suggests, and women may continue to face hostility and remain in environments where they are subject to violence.
Social attitude typically characterises certain behaviours such as stalking, eve-teasing, shades of verbal and physical assault, and harassment as "minor" offences, which are "regrettably" not only trivialised or normalised but even romanticised and promoted in popular lore such as cinema, the order stated.
The attitudes which view sexual crimes through the prism of "boys will be boys" and condone them, nevertheless, "have a lasting and pernicious effect on the survivors", it said.
The court made these observations while rejecting the regular bail plea of a woman arrested for subjecting her daughter-in-law to cruelty and criminal intimidation while her husband and son raped and filmed her nude to post videos on pornography sites to earn money.
"In most of the cases of (assault or rape on a woman), the usual practice is that if the man is the husband, performing the very same acts as that of another man, he is exempted. In my considered view, the same cannot be countenanced. A man is a man; an act is an act; rape is a rape, be it performed by a man, the "husband", on the woman, "wife", the court said.
The Constitution treats a woman as equal to a man and considers marriage as an association of equals, the order stated.
Gender violence is "most often unseen and is shrouded in a culture of silence", and the causes and factors of violence against women include entrenched unequal power equations between men and women, "aggravated by cultural and social norms, economic dependence, poverty and alcohol consumption, etc", it said "In India, the culprits are often known to the woman; the social and economic "costs" of reporting such crimes are high. General economic dependence on family and fear of social ostracisation act as significant disincentives for women to report any kind of sexual violence, abuse or abhorrent behaviour," it observed.
Therefore, the actual incidence of violence against women in India is probably much higher than the data suggests, and women may continue to face hostility and have to remain in environments where they are subject to violence, it said.
"This silence needs to be broken. In doing so, men, perhaps more than women, have a duty and role to play in averting and combating violence against women," the court said.
It further observed that marital rape is illegal in 50 American states, three Australian states, New Zealand, Canada, Israel, France, Sweden, Denmark, Norway, Soviet Union, Poland and Czechoslovakia and several other countries.
Even the United Kingdom has abolished the exception given to husbands, it said.
As per the case details, the victim's husband, father-in-law and mother-in-law were arrested after an FIR was registered at the Rajkot cyber crime police station under sections 354 (A) (unwelcome and explicit sexual behaviour, demands sexual favours, shows pornography against a woman's will), 376 (rape), 376 (D) (gang rape), 498 (husband or the relative of the husband subjects such woman to cruelty), 506 (criminal intimidation), 508 (induce a person to believe that if he does not do a particular act, he will be punished by God), and 509 (sexual harassment) of the Indian Penal Code.
According to the prosecution, the applicant's son shot nude videos of his wife and their intimate moments on his mobile phone and forwarded them to his father. The applicant was aware of the same, as the acts were done in her presence.
The family needed money to prevent the sale of their hotel by their business partners. The victim's father-in-law also molested her when she was alone, the prosecution alleged.
The court noted that the applicant was aware of the illegal and shameful act, and by not preventing her husband and son from doing such an act, she had played an equal role.
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The petitioner's lawyer argued that the song tries to portray criminals as being above the Indian judiciary. 

Gujarat HC court to watch Haryanvi song 'court mein goli'; here's why

Gujarat court to watch Haryanvi song 'court mein goli'; here's why

The petitioner's lawyer argued that the song tries to portray criminals as being above the Indian judiciary.&nbsp;

The Gujarat High Court has decided to watch a Haryanvi song called "Court Me Goli" after allegations that it disrespects the judiciary.
The move comes in response to a PIL expressing concerns about the song's lyrics, as per the Bar and Bench portal.&nbsp;
The aforementioned song was uploaded on YouTube in December 2022.
The petitioner's lawyer argued that the song tries to portray criminals as being above the Indian judiciary.&nbsp;
On being asked about the lyrics, the lawyer specifically pointed out a line in the song where a criminal threatens to shoot in a crowded court.&nbsp;
Subsequently, the judges asked to hear the specific line in question.&nbsp;
&nbsp;

The HC order was overturned by the Supreme Court which paused Gandhi's conviction.

Transfer of Gujarat HC judge who rejected Rahul Gandhi's plea in defamation case recommended

The HC order was overturned by the Supreme Court which paused Gandhi's conviction.

The Gujarat High Court judge who refused to suspend Rahul Gandhi's conviction in the Modi surname case features in a list of 9 judges whose transfer has been recommended by the Supreme Court collegium.
Justice Hemant M Prachchhak in July had dismissed Gandhi's plea for staying his conviction, stating that it was based on "absolutely non-existent grounds".
Weeks later, the order was overturned by the Supreme Court which paused Gandhi's conviction.
&nbsp;

The bench also granted the Gujarat Police liberty to directly move the apex court if an attempt is made to influence witnesses in the case.

SC grants bail to activist Teesta Setalvad 

SC grantsbail to activistTeestaSetalvad
Bail in case linked to post-Godhra riots
No custodial interrogation necessary: SC

The bench also granted the Gujarat Police liberty to directly move the apex court if an attempt is made to influence witnesses in the case.

The Supreme Court on Wednesday granted regular bail to activist Teesta Setalvad in a case of alleged fabrication of evidence to frame innocent people in the 2002 post-Godhra riots cases.
A three-judge bench of Justices B R Gavai, A S Bopanna and Dipankar Datta set aside the order of the Gujarat High Court rejecting her plea for regular bail.
The top court said a charge sheet has been filed in the case against Setalvad and her custodial interrogation is not necessary.
"The passport of the appellant already surrendered will be in the custody of session court. The appellant shall not make any attempt to influence witnesses and shall stay away from them," the bench said.
Setalvad was taken into custody on June 25 last year along with former Gujarat Director General of Police R B Sreekumar and ex-IPS officer Sanjiv Bhatt in a case registered by the Ahmedabad crime branch police for allegedly fabricating evidence to frame innocent people in the post-Godhra riots cases.

If the High Court had ruled in favour of Gandhi, then it could have paved the way for his return to Parliament.

Gujarat HC rejects Rahul Gandhi's plea to suspend 'Modi surname' defamation conviction

If the High Court had ruled in favour of Gandhi, then it could have paved the way for his return to Parliament.

Congress leader Rahul Gandhi suffered a major setback on July 7 as the Gujarat High Court rejected his petition for relief in the "Modi surname" defamation case.
The High Court refused to suspend Gandhi's conviction in a criminal defamation case, which had led to his disqualification from the Parliament.
The Congress leader was sentenced to two years in jail by a lower court in Surat in March.
If the High Court had ruled in favour of Gandhi, then it could have paved the way for his return to Parliament.
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There is no reasonable ground to put a stay on the conviction and it's not injustice to refuse the suspension, the court said.

Gujarat HC's 4 stern comments against Rahul Gandhi while rejecting plea on defamation conviction

There is no reasonable ground to put a stay on the conviction and it's not injustice to refuse the suspension, the court said.

The Gujarat High Court made some stern observations while rejecting Rahul Gandhi's petition to suspend his conviction in a defamation case.
The Court on July 7 said that the Congress leader is already facing 10 cases across India. Justice Hemant Prachchhak added that the order of the lower court against Gandhi was "just, proper, and legal".
There is no reasonable ground to put a stay on the conviction and it's not injustice to refuse the suspension, the court said.
The High Court's rejection of his plea means that Gandhi will continue to remain disqualified from the Parliament.
A metropolitan magistrate's court in Surat on March 23 sentenced Gandhi to two years in jail after convicting him under Indian Penal Code (IPC) sections 499 and 500 (criminal defamation) in a 2019 case filed by BJP Gujarat MLA Purnesh Modi.
The MLA had filed a criminal defamation case against Gandhi over his "how come all thieves have Modi as the common surname?" remark made during an election rally at Kolar in Karnataka on April 13, 2019.
(With PTI inputs)
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While hearing a 16-year-old rape survivor's plea for abortion, a judge of the Gujarat High Court has remarked that it was once normal for girls to deliver a child before they turned 17

'Girls used to deliver before turning 17': Gujarat HC on 16-year-old rape survivor's abortion plea

It was once normal for girls to marry at a young age and deliver a child before they turned 17, a judge of the Gujarat High Court has remarked while hearing a minor rape survivor's plea for permission to terminate her pregnancy.

While hearing a 16-year-old rape survivor's plea for abortion, a judge of the Gujarat High Court remarked that it was once normal for girls to deliver a child before they turned 17

It was once normal for girls to marry at a young age and deliver a child before they turned 17, a judge of the Gujarat High Court has remarked while hearing a minor rape survivor's plea for permission to terminate her pregnancy.
While indicating that he might not allow the petition if both the girl and foetus were healthy, Justice Samir Dave of the high court also referred to the Manusmriti during the hearing on Wednesday.
The rape survivor is 16 years and 11 months old and carrying a seven-month-old foetus. Her father moved the HC seeking permission for abortion as the pregnancy had crossed the 24-week threshold up to which abortion can be performed without a court's leave.
On Wednesday, his lawyer sought an early hearing, saying the family was concerned because of the girl's age.
Justice Dave said there was anxiety because "we are living in the 21st century".
"Ask your mother or great-grandmother. Fourteen-fifteen was the maximum age (for marriage), and girls used to give birth to their first child before turning 17. And girls get mature before boys....Though you may not read, but you should read Manusmriti once," he added.
As the expected date of delivery is August 16, he consulted expert doctors in his chamber, the judge informed the lawyer.
"The court can consider (allowing abortion) if any serious ailments are found in the foetus or the girl. But if both are normal, it will be very difficult for the court to pass such an order," the judge said.
In the end, the court directed the Medical Superintendent of Rajkot Civil Hospital to get the girl examined by a panel of doctors to find out if the medical termination of pregnancy was advisable.
The doctors should also carry out ossification test on the girl and a psychiatrist should ascertain her mental condition, Justice Dave said, asking the hospital to submit reports by June 15, the next date of hearing.
During the hearing, the judge also advised the girl's lawyer to start looking for options in case the medical opinion went against the termination of the pregnancy.
"I will not give permission if both are found healthy. The weight of the foetus is also good...What will you do if the girl gives birth and the child lives? Who will take care of that child? I will also inquire if there are government schemes for such children. You should also check if someone can adopt that child," said the judge

The Gujarat High Court on Monday pulled up the state govt over the shortage of antiviral drug Remdesivir which is being used to treat Covid-19 patients.

Make antiviral drug Remdesivir available like paracetamol: Gujarat High Court

Make Remdesivir available like Paracetamol: Gujarat High Court pulls up state govt over shortage of crucial antiviral drug for Covid patients

Gujarat HC pulls up state for Remdesivir&nbsp;shortage
Antiviral drug being used to treat Covid-19 patients
Court: make Remdesivir&nbsp;available like paracetamol
Court: want results,&nbsp;no&nbsp;blamegame over drug&nbsp;stock
PIL demanded action against people hoarding medicine
'Why should aam aadmi wait when drug available for VIPs?'
&nbsp;

The Gujarat High Court on Monday pulled up the state govt over the shortage of antiviral drug Remdesivir which is being used to treat <a href="https://www.editorji.com/covid-19" target="_blank">Covid-19</a> patients. The court ordered the Gujarat govt to make the medicine available to all, like Paracetamol, amid the surge in Covid-19 cases.
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The judges said they want results instead of getting into a blamegame over people's behaviour, production or medicine stocks. The court took cognisance of a PIL which demanded action against people hoarding the medicines or selling them at inflated prices.
The judges rejected the state government&rsquo;s claims that doctors prescribe indiscriminately, though it is a drug meant to be administered only in emergencies. The judges also commented that when injections are available for VIPs, common people shouldn't have to have in queue to get it. The Gujarat govt has been asked to keep proper account of the stock.
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This is the second such PIL registered by the state high court on coronavirus situation.

Gujarat High Court initiates PIL, flags Covid 'emergency' on its own

The Gujarat High Court on Sunday initiated a suo motu PIL over the coronavirus situation after observing that media reports on the pandemic indicate that the state was heading towards a "health emergency of sorts".
Chief Justice Vikram Nath said that "news channels are flooded with the harrowing tales, unfortunate and unimaginable difficulties and unmanageable conditions of the infrastructure". Nath, through an oral order, directed the high court registry to register a fresh suo motu PIL.
This is the second such PIL registered by the state high court on coronavirus situation.

Gujarat HC initiates PIL, flags Covid 'emergency' on its own

The Gujarat High Court on Sunday initiated a suo motu PIL over the <a href="https://www.editorji.com/covid-19" target="_blank">coronavirus situation</a> after observing that media reports on the pandemic indicate that the state was heading towards a "health emergency of sorts".
Chief Justice Vikram Nath said that "news channels are flooded with the harrowing tales, unfortunate and unimaginable difficulties and unmanageable conditions of the infrastructure".
Nath, through an oral order, directed the high court registry to register a fresh suo motu PIL. This is the second such PIL registered by the state high court on coronavirus situation.
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gujarat high court

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