#The377Debate III : Non-Heterosexual Adultery

Posted on by Rudrajyoti Nath Ray

A married woman, after 4-5 years of her marriage, realized that her husband is gay and indulged in gay relationships with different males; not intending to stop his relationship with Daniel Crasto. She lodged a First Information Report. Section 377, insofar as it criminalizes consensual sexual conduct between adults of same sex, is unconstitutional. The Bom HC held that the wife cannot be called a victim under Section 377 [Writ Petition (Criminal) No. 4470 of 2012]. She may only possess a ground for divorce. Adults have had a consensual sexual relationship. Hon’ble Justice Mridula Bhatkar thus quashed and set aside an Order refusing to discharge Daniel Crasto from the offence punishable under Section 377.

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