July 18, 2018:
Woman, who married the man in 2014 in Sabarkanta in Gujarat after being engaged to him in 2002 when she was just 15 years old, complained that her doctor husband frequently forced her to indulge in oral sex against her wishes.
With Supreme Court reserving its verdict on decriminalisation of Section 377 of Indian Penal Code, a woman has approached Apex Court seeking fastening of stringent provision against her husband for forcing her to perform "unnatural" oral sex during their four years of marriage.
SC Bench comprising of Justice N V Ramana and Justice M M Shantanagoudar issued notice to the husband after Advocate appearing on behalf of Wife’s accused the husband of forcing woman to perform oral sex on him and submitted that this was nothing but "Sex against the order of nature", which has been categorised as an offence under Section 377.
This petition will add to already complicated issue of decriminalising Section 377.
Advocate submitted that,"Her husband was incapable of comprehending her objection. The husband, aside from his insistence on oral sex, which was unnatural in the perception of the woman, persisted with her to allow video recording of their physical encounters. She was compelled to put up with the depraved demands, which were often accompanied by threats and physical abuse."
She had lodged an FIR accusing her husband of rape and unnatural sex.
When Husband moved for quashing of FIR, Gujarat HC said that under Section 375 there is no provision for marital rape and also rejected arguments that allegations constituted an offence under Section 377.
Source TOI
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