Woman wants hubby booked for oral sex
Can A husband who forces his wife to perform oral sex be booked under section 377 of the IPC for "unnatural act"?
The Supreme Court on Thursday agreed to examine this crucial question.
The decision by a two-judge bench of justices NV Ramana and MN Shantanagoudar ironically comes two days after a constitution bench of the apex court reserved its judgment on petitions seeking decriminalisation of section 377 of Indian Penal Code.
The issue came to the fore when a woman wanted to book her husband, a doctor, for allegedly forcing her to perform unnatural oral sex during their four years of marriage.
The bench issued a notice to the husband after the Gujarat-based wife's counsel Aparna Bhat accused him of forcing the woman to perform oral sex on him and said this was nothing but "sex against the order of nature" which has been categorised as an offence under section 377.
The woman approached the Supreme Court after the Gujarat High Court, acting on a petition by the husband, quashed an FIR she lodged against him for rape and unnatural sex. Gujarat HC said that under section 375 IPC (rape) there is no provision for marital rape and also rejected the arguments that allegations constituted an offence under section 377. The woman who married the man in 2014 complained that her husband frequently forced her to indulge in oral sex against her wishes.
Bhat argued: "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, entirely devoid of her free will."