Gujarat High Court: Marriage Not a License for Sexual Consent, Bodily Freedom Paramount

• The Gujarat High Court ruled that marriage does not grant a husband an automatic right to sexual consent from his wife, emphasizing individual bodily freedom.
• Justice Divyesh Joshi rejected the anticipatory bail plea of a man accused of severe physical and sexual abuse against his estranged wife.
• The court highlighted that non-consensual sexual acts cause not only physical pain but also deep mental and emotional trauma.
• The accused was identified as a 'habitual offender' as his first wife had also made similar allegations of sexual exploitation.
• Custodial interrogation was deemed necessary to gather electronic evidence and other crucial materials, with the court noting that women often delay reporting such sensitive issues due to social stigma.

Why It Matters: Gujarat High Court affirms bodily autonomy within marriage, rejecting the notion of automatic sexual consent.