'You weren't hoodwinked…': SC flags growing rape cases after breakup
What's the story
The Supreme Court of India has flagged the growing incidents of rape cases on false promises of marriage. Justices MM Sundresh and Rajesh Bindal brought up the matter while hearing a plea by a man who was seeking to have the rape charges against him dismissed. The woman, who was earlier engaged to him, alleged she was subjected to sex on the false pretext of marriage.
Judicial inquiry
Court questions woman's gullibility in rape case
"If you were so gullible, you would not be before us. You were a major. It cannot be that you were hoodwinked to believe that you will get married," the bench said. "Today, the concept of morality, virtues is different...If we agree with you, then any relation between boy and girl in college...will become punishable. Suppose they love each other and girl resisted and boy says I will marry you next week and then he does not, so again offense."
Conservative mindset
SC attributes false rape allegations to conservative mindset
The Supreme Court noted that a conservative mindset is often at play in such cases. "The conservative mind is at play because the man is blamed here," the bench remarked. They noted there are lacunae in the system that can be exploited. "At times the girl launches 5 cases against her in-laws. Whatever observation you want from us or to set aside High Court observation...that's okay.. ultimately you are the victim," the bench remarked.
Legal argument
Advocate argues consent was not freely given
Senior Advocate Madhavi Divan, appearing for the woman, argued this was not a case of a romantic relationship gone bad but one of an arranged marriage in which consent was forced. "The consent in the present case cannot be said to be free consent," Divan said. She added that due to societal pressures, women often feel the need to please men or risk losing marriage prospects.
Impartial justice
SC emphasizes impartiality in legal matters
To Divan's remark, the bench responded, "What difference does it make? Tomorrow, disregarding whether married or not, marital rape can be alleged. The only fact is that marriage did not happen." Justice Sundresh highlighted the importance of objectivity in legal issues, and not just through the eyes of the victim. "We cannot look at it from only one lens. We have no attachment to one gender." The court eventually decided to look into the man's petition in detail.