Gujarat High court takes on “Marital Rape case”

This is one case that had shaken the nation. The Gujarat High Court had observed that Marital Rape is no offense but resorting to cruel methods like forcing the partner for oral sex or other unnatural sexual activity is considered to be a crime.

What actually led to this statement by the Court?

It all started when a lady doctor had filed a case against her own husband who also happens to be a doctor. She had mentioned that he had forced her to indulge in sexual activities without her consent. He had also forced her for oral sex as he was not happy with the dowry offered. This had hurt the feelings of the lady doctor that she decided to go legal about this.

What did the court observe?

The court had observed that the couple who are in a married relationship and the sexual problems that arise out of them could not be considered as marital rape. The forcing of the husband to have oral sex with him can be filed under Section 377. The husband also filed a case against his wife to nullify her statement, but the court had rejected his plea.

What can one infer out of this case?

This case has cast light upon this cruelty which is being committed against women for them not being able to provide great financial support to the groom's family as a form of dowry.

Women are being subjected to such harshness within four walls of a room. One should really appreciate the boldness of the lady doctor who had chosen to bring this out that she can serve as the voice for a lot more women in the country who are subjected to violence like these.

At times, there are allegations against the court that it is being too friendly towards women that they sometimes end up misusing the law. But, this case was thoroughly investigated so that false claims are not made.

What can be done to prevent such happenings?

The groom's family should stop expecting a huge sum as dowry from the bride's side. And also, the women should break the clutches and speak out just like the lady doctor of this case.

The couple should have a clear mindset before they get married and should never mix up financial problems with personal matters.

These kinds of cases check the moral character of the person concerned. This might also bring shame to the family. So, one should be aware of his own actions.