Context:

The Supreme Court of India has made a significant ruling regarding secretly recorded conversations between spouses, stating that such recordings are admissible evidence in matrimonial disputes, including divorce proceedings. This decision has changed the contours of spousal or marital privilege in Indian law.

About Spousal Privilege:

Spousal privilege in India is governed by Section 122 of the Evidence Act, which protects private conversations between a husband and wife during their marriage. According to this section, neither spouse can be compelled to disclose confidential communications made during the marriage, unless the other spouse consents.

Key Aspects of Spousal Privilege:

Protection of Confidential Communications: Spouses are protected from disclosing confidential communications made during the marriage.

Exceptions to the Rule: Spousal privilege does not apply in cases where:

·        Both spouses are litigating against each other: In suits between married persons, confidential communications can be disclosed.

·        One spouse is prosecuted for a crime committed against the other: In such cases, confidential communications can be disclosed.

·        The other spouse consents: If the spouse who made the communication consents, it can be disclosed.

·        A third party testifies: If a third party has witnessed or heard the communication, it can be used as evidence.

Recent Supreme Court Ruling:

The Supreme Court of India has recently ruled that secretly recorded conversations between spouses can be admissible as evidence in matrimonial disputes, including divorce proceedings.

·        This decision overrides a previous High Court judgment that deemed such recordings a breach of privacy. The Supreme Court emphasized that while privacy exists between spouses, it's not absolute and must be balanced with the right to a fair trial

·        The Supreme Court's ruling relied on a 1973 judgment, which allowed a telephonic conversation recorded by the police to prove a bribery charge against a doctor.

·        The court has now extended this reasoning to matrimonial cases, stating that if evidence is relevant, independently verifiable, and falls within statutory exceptions, it can be admitted even if collected in secret.

·        The court emphasized that the right to privacy has to be balanced with the right to a fair trial.

Conclusion:

The Supreme Court's decision has significant implications for matrimonial disputes. While it may provide a means for spouses to gather evidence in support of their claims, it also raises concerns about surveillance within marriage and the potential for misuse of secretly recorded conversations. Additionally, the ruling may affect women's right to a fair trial, given the existing gender gap in smartphone ownership and access to technology in India