Wife moves SC against Husband for forceful Oral Sex
July 19, 2018A woman has moved to the Supreme Court seeking strict provision against her husband for forcing her to perform “ unnatural” oral sex during their four years of marriage.
The petition filed by the woman in the Supreme Court has come about at a time when the Apex Court has already reserved its verdict on decriminalisation of sexual activities against the order of nature including homosexual activities. The Supreme Court while reserving the verdict has stated that if a husband and wife consent to engage in oral or anal sex, the same cannot be categorized as “ unnatural sex” or “ sex against the order of nature” .
The woman who has filed the petition before the Supreme Court had married the man in 2014 in Gujrat. She filed an FIR against her husband stating that he forcefully subjects her to oral sex against her wishes. Further, her husband also forced her for video recording of their physical encounters.
Later, the husband moved to the High Court of Gujrat for quashing the FIR filed against him. The High Court had rejected arguments put forth by the woman stating that marital rape is not a crime in India and that allegations of oral sex did not constitute an offence under “ unnatural sex” . The woman has now moved to the Supreme Court seeking strict actions against her husband for forcefully subjecting her to “ unnatural sex” .
The petition filed by the woman in the Supreme Court has come about at a time when the Apex Court has already reserved its verdict on decriminalisation of sexual activities against the order of nature including homosexual activities. The Supreme Court while reserving the verdict has stated that if a husband and wife consent to engage in oral or anal sex, the same cannot be categorized as “ unnatural sex” or “ sex against the order of nature” .
The woman who has filed the petition before the Supreme Court had married the man in 2014 in Gujrat. She filed an FIR against her husband stating that he forcefully subjects her to oral sex against her wishes. Further, her husband also forced her for video recording of their physical encounters.
Later, the husband moved to the High Court of Gujrat for quashing the FIR filed against him. The High Court had rejected arguments put forth by the woman stating that marital rape is not a crime in India and that allegations of oral sex did not constitute an offence under “ unnatural sex” . The woman has now moved to the Supreme Court seeking strict actions against her husband for forcefully subjecting her to “ unnatural sex” .
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