The husband has argued that his action could not qualify as rape or sodomy because they were a married couple

AHMEDABAD: The Gujarat high court is to decide an issue of “utmost public importance“ -whether forcing a wife to perform oral sex amounts to sodomy , rape or cruelty in marital life. The court is also to decide whether a husband can be put on trial under these charges.

Justice J B Pardiwala on Monday sought a reply from the state government and issued notice to the woman who had filed an FIR against her husband in Sabarkantha district for forcing her to indulge in oral sex. The husband has approached the HC to get the charges quashed on the gro unds that his act does not fall under the category of rape or sodomy because they are a married couple.

Talking about the serious ness of marital rape, Justice Pardiwala observed, “Marital rape is in existence in India. It is a disgraceful offence that has scarred the trust and confidence in the institution of marriage.A large population of women has faced the brunt of the non-criminalisation of the practice."

The HC has sought an explanation from the government on various aspects: “Can a wife initiate prosecution against her husband for unnatural sex punishable under Section 377 of the IPC? If the husband forces his wife to indulge in oral sex, will the same constitute an offence under Section 377 of the IPC? If the husband compels his wife to indulge in oral sex, whether the same would constitute an offence of cruelty within the meaning of Section 498A of the IPC?“

“This court would also like to examine the question whether the forcing of a wife by the husband to indulge in oral sex wo uld amount to rape pu nishable under Section 376 of the IPC,“ the co urt order reads. The court discussed at gth three types of coercion length three types of coercion that Indian women face in marital relationships ­ battering rape, obsessive rape and forcible rape. HC wants to examine the issue on the definition of marital rape, which refers to “unwanted intercourse by a man with his wife obtained by force, threat or force,or when she is unable to give consent“.

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