Gujarat High Court: Marital rape not an offence but oral sex and unnatural sex is cruel
The Gujarat High Court had declared that non-consensual sex in marriage cannot be considered as rape. Ironically, the Court has also assumed that forcing one partner to have oral sex or unnatural sex is subject to cruelty.
The Court came to such conclusion after analysing a case filed by a woman doctor who accused her husband, also a medical practitioner, of rape and physical harassment.
The victim complained that her husband forced her to engage in sexual intercourse and oral sex, while torturing her for her dowry.
Justice J.B. Pardiwala stated that forced sexual intercourse cannot be termed as rape in the marriage under Section 376 as a man cannot be accused of rape when having non-consensual sex with his own wife. However, Justice J.B Pardiwala stated that a wife can file a complaint against his husband on grounds of unnatural sex under Section 377 of the Indian Penal Code.
Referring to previous judgements and cases, Justice J.B Pardiwala also declared that although a man has the right to have sex with his wife, the latter is however not his property. Moreover, the judgment also identified moral harassment for dowry as a crime.