'If the husband forces himself then it also amounts to rape', important comment of Gujarat High Court

Gujarat High Court has commented on sexual violence against women. The court said that rape is a misdemeanor even if it is committed by a husband on his wife. He said that there is a need to break the silence on sexual violence against women in the country. In a recently passed order, Justice Divyesh Joshi said that the actual incidence of violence against women in India is probably higher than the statistics indicate. Judge Joshi said that women are living in an environment where they are subject to violence.

Society's attitude affects victims
The order said that society generally treats certain behaviors like stalking, molestation, verbal or physical assault and harassment as minor offenses. Sadly, this (society's attitude towards crime) not only normalizes these acts but also propagates them as a popular story in cinema. It says that the 'boys will be boys' and condoning attitude towards sexual crimes has a lasting and lethal impact on the victims.

The court rejected the woman's regular petition
The court made these comments while rejecting the regular bail plea of a woman. The woman was arrested for subjecting her daughter-in-law to cruelty and criminally threatening her. Whereas, her husband and son had raped her and stripped her naked and made a video to post the video on a pornography site to earn money.

'A misdeed is a misdeed, an act is an act...'
Justice Joshi said, 'The general practice in most cases of (assault or rape of a woman) is that if the man is the husband and has committed similar acts as another man, then he is given immunity. In my view this cannot be accepted. A man is a man; An act is an act; 'A rape against a woman or a wife is a rape, whether committed by a man or a husband.' The order states that the Constitution considers a woman equal to a man and considers marriage as an equal institution.

'Gender violence is hidden in the culture of silence'
It says gender violence is often unseen and hidden in a culture of silence. The order said the causes and factors of violence against women include unequal power equations between men and women, aggravated by cultural and social norms, economic dependency, poverty and alcohol consumption, etc.