Section 377: Wife Approaches Supreme Court Accusing Husband Of Unnatural Sex

News World India | 0
| July 19 , 2018 , 15:54 IST

A woman moved to the Supreme Court on Thursday accusing her husband on charges of oral sex (unnatural as per law) and marital for a period of four years.

A bench of Justices N V Ramana and M M Shantanagoudar issued notice to the husband after the 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.

According to the reports in the local media, Aparna Bhatt who was representing the woman as her counsel told the court, “ 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.”

Earlier, Justice D Y Chandrachud, who was a part of the five-judge SC bench hearing the petitions seeking decriminalization of Section 377, noticed during the hearing that oral sex and anal sex between a husband and wife could not come under “unnatural sex” or “sex against the order of nature”.

The woman had lodged a complaint accusing her husband of marital rape and unnatural sex.

According to media reports, when the husband moved for quashing of FIR, the 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