In a landmark ruling, an Indian court has declared that a wife’s consumption of pornography and masturbation are not valid grounds for divorce, affirming that women retain their sexual autonomy after marriage.
The decision, issued Wednesday by the Madras High Court in Tamil Nadu, came after a man appealed a lower court’s refusal to grant him a divorce.
His petition was based on accusations of cruelty, which he claimed included his wife’s alleged addiction to watching pornography and masturbating.
In dismissing the appeal, the court firmly stated that “self-pleasure is not forbidden fruit,” highlighting that while male masturbation is widely accepted, women’s sexual expression should not be stigmatised.
“When masturbation among men is acknowledged to be universal, masturbation by women cannot be stigmatised,” the court added.
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The ruling also emphasized that a woman retains her individuality even after marriage, with her “fundamental identity as an individual” not diminishing because of her marital status.
While acknowledging that pornography addiction is “bad” and morally indefensible, the court concluded that it does not constitute a legal basis for divorce under Indian law.
This decision is significant in a society where discussions surrounding female sexuality are often considered taboo, particularly for married women, who are traditionally expected to prioritise family over personal desires.
Divorce itself remains a sensitive subject in India, with societal pressure often leading many to stay in unhappy marriages, and a significant backlog in the judicial system delaying the resolution of divorce cases.