Does breaking the “promise of marriage” amount to rape? Activists divided over Kerala

[Rudhran]

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Are they not responsible for their decisions…… especially when they are majors…..??
[h=1]Does breaking the “promise of marriage” amount to rape? Activists divided over Kerala HC order[/h]
While some feel that souring of a relationship does not mean rape, others say that women’s consent is always ‘manufactured’.
………………….

A Kerala High Court judgment - sexist by all means - has nonetheless thrown open a debate on whether the "promise of marriage" being broken is grounds for a rape charge.

In January this year, the court, while hearing an appeal by a 31-year-old man who was found guilty of rape by a lower court, said that he could not be charged with rape for giving a false promise of marriage to get into a physical relationship with a 27-year-old woman.

The court claimed that the relationship was consensual, even as it set the context in extremely problematic, patriarchal terms.

“She had an illicit affair with the accused, and as part of this affair and unholy union, she had sexual intercourse with him on many occasions,” the court said.

"Even a common lady or an uneducated lady cannot be deceived more than once or twice on a promise of marriage. PW1 is a well educated lady having a degree in Engineering. It is quite unbelievable that she could be easily deceived on a marriage promise on many occasions. Admittedly, three or four such instances were at her residence, when her parents were away. Much probe is not required in this case to find that the sexual intercourse which the prosecutrix had with the accused on many occasions at her house was with her consent," reads the six-page judgement by Judge P Ubaid and accessed by LiveLaw.

To read more click here

 

[renuka]

Are we females that stupid that we need laws like this to protect us?

For Gods sake if one decides to have sex then by all means be responsible and bold enough to face the consequences.

Promise for marriage need not be kept cos anything can happen after the promise..

Even marriages land in divorce..so how much is a promise worth?
Even females promise males marriage and later ditch males to marry another male..so what about the male ?

Is he going to cry rape that he lost his virginity to a female who promised him marriage?

Laws like this reduce females to a bunch of brainless bimbos who get laid and then scream rape.

Partly these type of cases make the prosecution of actual rape cases hard when females start to cry rape Yada Yada they have any consensual encounter with a penis.

Hey women out there..best way to not land in trouble before marriage is to keep legs closed.

 

[sravna]

There are two ways for a state to protect its citizens. First is by taking full responsibility upon itself and strictly enforce laws. This is the legal route and the western route. The other is the moral route where you educate citizens and make them take responsible actions and behave in a mature way. In between the extremes is the middle ground where both the ways are used. To make the middle ground work the system has to be wise, otherwise instead of getting the best of both we end up getting the worst of both. The latter seems to be more the case in our country.

 

[Rudhran]

This is what happened in another case....

[h=1]Breaking off marriage promise not cheating, rape: Bombay HC[/h]Breaking the promise to marry does not amount to cheating, even if the couple was maintaining a consensual physical relationship, the Bombay high court held while granting bail to a railway employee charged with rape.

The man has been accused of rape by his former girlfriend, on the grounds that he did not honour a promise to marry her.
According to her complaint, the 30-year-old woman was having an affair with the railway employee since 2002, but she married someone else in May 2009. However, she continued her relationship with the accused, and purportedly on his persuasion and promise to marry, divorced her husband two months after the marriage.

Last year, the railway employee decided to marry some other woman. The complainant then approached the woman’s family, and showed them her intimate pictures with the accused. The marriage was called off, but the man married another woman, and one mammoth later, in May 2015, a complaint of rape and cheating was registered with the Neral police.
The railway employee approached the high court seeking a pre-arrest bail, claiming their relationship was consensual, and could not be termed rape.
Justice Mridula Bhatkar granted the bail on a bond of Rs30,000, noting “it is an unfortunate case of a frustrated love affair.”

“Prima facie, it is difficult to accept, when the complainant is major and a married woman, she consented for sex only because there was promise to marry by a person,” said Justice Bhatkar.

“Such woman is responsible for her decision to have sex,” the judge said further, adding “Even though a promise to marry was given, subsequently if at all the party feels it is not possible to continue the relationship as they are not compatible and there are differences of opinion, it cannot be called cheating.”

The court said there wasn’t much substance in the complainant’s allegation that the accused circulated her obscene clips in the locality. The court noted the allegation was belated and came for the first time when her supplementary statement was recorded, much after the registration of the First Information Report.

Source: http://www.hindustantimes.com/mumba...e-bombay-hc/story-cBX9qXo40KzC5521oJnPTP.html

 

[auh]

The girl had "conditionallly consensual" sex with the guy as she seemed to be secure, in mind, by the thought that he would be the one she was to marry. Hence the breach of her modesty by luring her with hopes of marriage can tantamount to rape...?

rape 1 (rāp)
n.
1.
a. The crime of using force or the threat of force to compel a person to submit to sexual intercourse.
b. The crime of using force or threat of force to compel a person to submit to some other sexual penetration.
c. Other unlawful sexual intercourse or penetration, as with an unconscious person or person below the age of or incapable of consent.

In this case it is guile instead of force. What can we call that?

The fact that the girl is literate / graduate is not a precursor of social and emotional stance.

 

[biswa]

All contracts should be made in writing. Preferably in the presence of a notary.

 

[Rudhran]

All contracts should be made in writing. Preferably in the presence of a notary.

Let there be not some one suggesting video recording of the act ........ eye witness.... etc

 

[tks]

Courts and law cannot get into disputes between two people. Rape is a serious offense and involves one party to be not consenting to an act.

I do not know if Indian law recognizes rape between married couple.

In any case, this case should be referred to a counselor and possibly settled out of court by arbitration (such as the fellow paying for counseling cost) . I do not know if Indian courts have this notion of binding arbitration

 

[renuka]

Let there be not some one suggesting video recording of the act ........ eye witness.... etc

Good idea..after all in Shariah Law..for a woman to cry rape there must be minimum of 4 male witnesses to the act of rape.

So a total of 5 males are needed..1 the rapist..4 witnesses.

No witness..the woman will be charged for Zina( illicit intercourse).

So video recording seems a great idea!