'Marriage does not grant husband ownership over his wife': Allahabad HC on uploading of intimate video

NEW DELHI: 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, stating that marriage does not give a husband ownership or control over his wife, nor does it diminish her autonomy or right to privacy.
Dismissing an application seeking to quash 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 court further stated, "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."
Additionally, the court emphasised, "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."
The case was filed against Pradumn Yadav under Section 67 of the IT Act in Mirzapur district by his wife. She alleged that Yadav, without her knowledge and consent, recorded an obscene video of an intimate act between them on his mobile phone. He allegedly uploaded it on Facebook and later shared it with her cousin and other villagers.
The counsel for the applicant argued that Yadav is the legally wedded husband of the complainant and, therefore, no offence under Section 67 of the IT Act can be made out against him. He also stated that there were fair chances of a compromise between the husband and wife.
However, the Additional Government Advocate opposed this argument, stating that even though the complainant is Yadav’s legally wedded wife, he had no right to record an obscene video of her and circulate it to others, including her cousin and villagers.