R
Rudhran
Guest
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
[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