International Journal of Advanced Science and Technology

Vol. 28, No. 15, (2019), pp. 337-339

RIGHT TO PRIVACY BETWEEN HUSBAND AND WIFE

Many marriages would be better if the husband and the wife clearly understood that they are on
the same side. Zig Ziglar

Dr.Sapna Sukrut Deo* and Mr.Sukrut Deo**

*Assistant Professor , Bharati Vidyapeeth deemed University New Law College, Pune
**Assistant Professor , Bharati Vidyapeeth deemed University New Law College, Pune

Abstract
Indian society still is a male dominating society, where in a marriage a wife still doesn’t have that equal
rights or have even her say. Though Indian constitution guarantees right to life and liberty under Art 21
still that right is infringed as far as marital nuptial is concern. On the other hand even husband has a
right of privacy if he is always been checked by his wife, like where he goes, his phone etc. In this paper
the researcher has gone through various judgments of the honorable courts on highlighting the marital
right to privacy.
Keywords: Right to Privacy, Marriage, Husband, Wife, Information Technology Act 2000, Hacking,
Unauthorized access.

I. INTRODUTION
It is said that marriages are made in heaven but to make a marriage successful it there should be love,
respect, trust and honesty and loyalty in that nuptial. Not only it is the case between husband and wife but
it should be there in or within all the relationships to be maintained and harmonized. Now the point comes
in this relationship where one spouse wants to or rather overpower another spouse. This creates a tiff in
the bond. There has to be equality in the relationship where both are well tuned and harmonized.
Relationships are tied in a very a thin string so it has to take care of very preciously and cautiously any
strain can cut the string off which hampers the relationship. In this article the very relationship of husband
and wife has been dealt with. Highlighting the various factors concerning spouse’s right to privacy or
liberty. But that doesn’t give the right to the person to misuse his or her liberty.

II. METHODOLOGY
In this article the researcher has mainly used secondary sources of data to gain information on the topic.
The nature of this paper is doctrinal and extensive.
. Marriage doesn’t give right to a spouse to disrespect each other’s right.
. There is still a stigma on marital rape which goes unheard.
. There is a need of stringent law to deal with marital rape.

III. FINDINGS
The Article 21 of the Indian Constitution has enthralled upon us the “Right to Life and Personal Liberty”.
Time and again the courts have explained and interpreted the term giving lot of scope and ambit to the
term. The Article says “No person shall be deprived of his life or personal liberty except according to the
procedure by law”. So when we are dealing with matrimonial bond let us see how here this Fundamental
right is abused.
Now a day’s everything has got dependent on technology. People are addicted to technology. There are
social networking sites where people can connect with anyone sitting at any part of the world. The ambit
of connectivity and friendship is widened through this networking. Even if you see in a family
everybody’s engaged in their respective phones or gadgets.

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Copyright ⓒ 2019 SERSC
 International Journal of Advanced Science and Technology
Vol. 28, No. 15, (2019), pp. 337-339

Here comes the twist, between husband and wife this creates a trouble. Good if they have understanding
and maturity but what if they don’t have it at all. This will invite arguments and trouble in their marital
life. They’ll want to be updated with what the other spouse is doing. They may seek to peep into each
other’s device. They check the texts and conversations, pictures and videos and other data which is there
in that device etc. Now isn’t it a right of a person to have his own privacy? Does marriage gives right to
trespass such privacy? The answer to the first question is definitely ‘Yes’ and to the second one is
certainly a big “No”.
Moreover not only peeping or hacking each other’s devices hampers the right to privacy but it also
attracts penal liability under the Information Technology Act, 2000 for hacking and unauthorized access.
The spouse has to compensate the other for such unauthorized access, and also is liable to be punished for
hacking and unauthorized access under the IT Act.
Then coming to the physicality of the relationship, sex without the consent of wife is a marital rape. It’s
her right over her body whether she wants to get touched or not. "The man experiences the highest
unfolding of his creative powers not through ascertism but through sexual happiness' [1]. It
very often happens that in sexual life it is on the mood or wish of the husband when he wants to have sex.
The only role wife has to do is to pleasure her husband whether she is willing to or not. The husband
decides and the wife has no say in it. This is a very sensitive and critical issue, even courts handle it very
sensitively.
IV. RESULTS AND DISCUSSIONS
The Indian judiciary has done a remarkable job by widening and interpreting the scope of Article 21 of
the Constitution. There were many cases pertaining to matrimonial disputes where the courts have given
widened meaning to the right to privacy and also has recognized the spouse’s right to privacy in the
wedlock. "Hindu law itself even while it lays down the duty of the wife of implicit obedience and return
to her husband, has laid down no such sanction or procedure as compulsion by the courts to force her to
return against her will".[2]

Now let us go through few landmark judgments which will further elaborate the right to privacy in the
marriage. "We sought "to beware of allowing tests or guides which have been suggested" by the Court in
one set of circumstances, or in one class of "cases, to be applied to other surroundings " [3].
There was a case before the division bench of Delhi High Court comprising of Justice S Ravindra Bhat
and Justice Deepa Sharma. Where the court has held that, “Privacy for married women is fundamental
right, and it cannot be dubbed as cruelty towards the husband”. In this case the husband had seeked
divorce from the wife on the ground of cruelty because she was demanding a separate home.
The husband has said that he can’t handle the financial burden of getting a separate home and called
himself financially incapable of getting a separate home. The second ground which he seeked was that
there was an irretrievable breakdown of their marriage as the wife was living separately. There was a need
felt to make irretrievable breakdown a ground for divorce but it is not done till the date.
Coming to the point of wife’s demand of a separate home the court gave decision in favor of the wife by
saying that she is fair enough for demanding such a separate home where she can get her privacy which
she wasn’t getting n the current place of husband. And it cannot merely be termed as cruelty as it is her
fundamental right to have privacy.
Vinod Kaushik V. Madhvika Joshi[1], this is a ruling case on the fundamental right of privacy where
matrimonial privacy was included. The wife hacked her husband’s and father in laws emails and other
conversations for supporting a separate dowry case filed by her. It was held by the court that it was not
acceptable as it has infringed husband’s right to privacy and such unauthorized access is punishable under
the IT ACT, 2000. Hacking of personal email by either spouse can be a ground for divorce.
The court has also observed that if a spouse is coming to the court with proof such as emails and other
communications doesn’t come with clean hands and face to face the consequences of such acts too,
because unauthorized access is violative and offensive.

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 International Journal of Advanced Science and Technology
Vol. 28, No. 15, (2019), pp. 337-339

Sharda V. Dharampal[2], In this case there was a need to submit a medical report of the spouse where
the court has opined that if is is substantive to prove for the purpose of divorce proceeding that was going
on, and if it doesn’t violates the right to privacy of the spouse then only one can submit it.
Surjit Singh Thind V. Kanwaljit Singh Kaur[3], in the case the husband wanted her wife to do the
virginity test. Because the wife has filed for divorce on the ground that her husband was impotent. Such a
test damages the dignity of women. And as such it is violative of Article 21 which gives right to live with
dignity and privacy. Her physicality is her privacy. She has a right on her own body, which unfortunately
gets crushed under the name of marriage. Husbands in the veil of marriage sexually exploit women. It is
their dominance in the marriage.
V. CONCLUSION
India is still lagging behind where the matter of marital rape comes into the scene. The cases go
unregistered. There is still fear to women that if she will complain, she’ll have to face the wrath of the
society. There is a need for a law to deal with marital rape but in India there is a fear that this right will
get misused and still the law has not been made. It is a very sensitive matter and hopefully will get heard
soon.
As technology has become so advanced that we can get information on our finger tips it does not mean
and give a right to spouse to gain unauthorized access to the devices of the spouse. Whether husband or
wife gender doesn’t matter or qualifies, if you are getting access to your spouse’s laptop, computer, phone
or an ipad or notepad etc, without their permission you are liable to get punished under the IT Act where
is an offence to have unauthorized access to others devices and have to compensate the loss incurred due
to such access.
In the eyes of law both the spouses are same no matter what the gender is. If you are violating the right to
privacy of your husband or wife you’ll have to face the consequences given out by law to protect such
right to privacy. It is because of the interpretations given by our hon’ble courts that the fundamental right
to privacy and life with dignity can be recognized in the realm of matrimonial life.
REFERENCES
[1]. Havelock Ellis, in his studies on the Psychology of sex.
[2]. Bai Jiva v. Narsingh Lalbhai (ILR 1927 Bom 264 at p. 268)
[3]. Harris v. Associated Portland cement Manufacturers LTd. (1939) AC 71 by Lord Atkin.
[4]. Vinod Kaushik V. Madhvika Joshi, (2011).
[5]. Sharda V. Dharampal (2003) 4 SCC 493.
[6]. Surjit Singh Thind V. Kanwaljit Singh Kaur, AIR 2003 P&H 353.
[7] Astha Srivastava, Cyber Delinquency: Issues and Challenges under Indian Legal System,
nternational Journal of Engineering and Advanced Technology (IJEAT) 2019
[8] VinayaBhosale, Rajesh Karanjkar, Independent Press: Making or Breaking Democracy, Journal of
Advanced Research in Dynamical and Control Systems,2019.
[9] Mayura Pawar,Archna Sakure, Cyberspace and Women: A Study, International Journal of Recent
Technology and Engineering,2019.
[10] Jayashree Khandare and Anisa Shaikh (2019) When Life Becomes Death: A Stifling Story of
Air Pollution, Journal of International Pharmaceutical Research 46(3): 935-937
[11] Anwesha Pathak and Dr. Aman Mishra (2019) Human Trafficking In India, Journal of International
Pharmaceutical Research 46(4): 398-401

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Copyright ⓒ 2019 SERSC