The right to privacy is a fundamental right that is enshrined in the Indian Constitution under Article 21, which guarantees the right to life and personal liberty. However, the issue of the right to privacy within marriage has been a complex and evolving legal issue in India. In this Article, we will explore the history of the right to privacy within marriage in India, the legal framework, and the various judgments that have shaped the landscape of this issue.
History of the Right to Privacy within Marriage in India
The concept of privacy within marriage has evolved over time in India. Traditionally, Indian society viewed marriage as a sacred institution that took priority over individual privacy. The husband was seen as the head of the household, and the wife was expected to be submissive and obedient. Therefore, privacy within marriage was not recognized as a separate right.
However, with the increasing recognition of individual rights in Indian society, the right to privacy within marriage has gained more attention and legal protection. The Supreme Court of India has played a significant role in this regard by recognizing and protecting the right to privacy within marriage in various landmark judgments.
Legal Framework
The Indian Constitution does not explicitly mention the right to privacy within marriage, but the Supreme Court has held that privacy is a fundamental right protected by the Constitution. In 2017, the Supreme Court of India, in the landmark case of Justice K.S. Puttaswamy (Retd.) v. Union of India, recognized the right to privacy as a fundamental right under the Indian Constitution.
Article 21 of the Indian Constitution guarantees the right to life and personal liberty. The Supreme Court has held that the right to privacy is an essential component of the right to life and personal liberty. Therefore, any violation of the right to privacy within marriage is a violation of the fundamental right to life and personal liberty guaranteed under Article 21.
Judgments on the Right to Privacy Within Marriage in India
The Supreme Court of India has delivered several landmark judgments on the right to privacy within marriage. In this section, we will discuss some of these judgments.
Smt. Sunita Kumari Kashyap v. State of Bihar (2011)
In this case, the petitioner, Sunita Kumari Kashyap, alleged that her husband had been subjecting her to domestic violence and that her privacy had been violated by her husband and his family. She sought protection under the Protection of Women from Domestic Violence Act, 2005.
The court held that the right to privacy is a fundamental right, and any violation of this right constitutes a violation of Article 21 of the Constitution. The court further held that the right to privacy extends to the private lives of individuals, including their relationships within a marital relationship. Therefore, any act of domestic violence that violates the right to privacy of a woman constitutes a violation of the Constitution.
Independent Thought v. Union of India (2017)
In this case, the petitioner challenged the exception to Section 375 of the Indian Penal Code, which stated that sexual intercourse by a man with his wife, who is not under 18 years of age, is not rape. The petitioner argued that the exception violates the right to privacy, dignity, and bodily integrity of married women.
The Supreme Court held that the exception to Section 375 of the Indian Penal Code violates the fundamental rights of women under Articles 14, 15, and 21 of the Constitution. The court held that sexual intercourse without consent is a violation of the right to privacy, dignity, and bodily integrity of a woman, whether she is married or unmarried. The court further held that marital rape is a violation of a woman’s right to privacy and dignity, and that a wife has the right to refuse sexual intercourse with her husband.
Conclusion
It is a well known proverb that a man’s house is his castle but now a wife’s body needs to be looked as her castle and she must be given every right to protect the same. Sexual privacy or right to bodily integrity must be awarded as subset of fundamental rights as every individual has a right to life with dignity which also include physical integrity.