The Allahabad High Court has refused to cancel a criminal case against a person accused of uploading an intimate video of himself and his wife on Facebook. The court says that marriage does not give a husband ownership or control over his wife, nor weakens his autonomy or right to privacy.
Rejecting the application filed to cancel the charge sheet, Justice Vinod Diwakar said, “By uploading an intimate video on Facebook, the applicant (husband) has severely dissolved the sanctity of marital relations. A husband is expected to respect the trust, faith and trust expressed by his wife, especially in the context of their intimate relationships.
The court said, “Sharing such material is a violation of the underlying privacy that defines the bond between the husband and wife. This violation of faith weakens the foundation of the matrimonial relationship and is not protected by the marital bond.”
The court further stated, “The wife is not an extension of her husband, but has her own rights, desires and abilities. Honoring her physical autonomy and privacy is not only a legal obligation, but also a moral imperative to really promote the same relationship.”
In Mirzapur district, his wife had filed a case against Praduman Yadav under Section 67 of the IT Act. It is alleged that Yadav made a pornographic video of an intimate act between him from his mobile without his information and consent, which first uploaded on Facebook and then shared with his wife’s cousin and other co-villagers.
The applicant’s counsel argued that the applicant is a legally married husband of the complainant and hence no crime is formed against the applicant under Section 67 of the IT Act. There is every possibility of agreement between husband and wife.
However, the Additional Government Advocate opposed the argument on the basis that even though the complainant is the legally married wife of the applicant, the applicant has no right to make pornographic videos of her and to broadcast cousins and other co-rural.
