HC: Educated Girl Can’t Claim Rape On Ex-Boyfriend If He Walks Out Of Marriage Promise

If an educated girl has consented to have pre-marital sex then she should take responsibility for her decision.

Rape Cases, Pre-marital sex, mumbai high court, Mumbai, Rape law India, Rape law

In a historical judgment by the Bombay High Court, the judge released a rape accused by saying, a promise to marry can’t be considered an inducement in every rape case. The Bombay High Court had granted a pre-arrest bail to a 21-year-old youth in a rape complaint lodged by her former girlfriend.

The judgment was given by Justice Mridula Bhatkar, saying, "if an educated girl has consented to have pre-marital sex then she should take responsibility for her decision."

“In a case of consent got by fraud, inducement is a key element. There should be some substantial evidence on record proving that the girl was induced to such an extent that she was ready to get intimated. In such type of cases, promise to marry cannot be considered as an inducement,” the Judge added.

“In our society, having pre-marital sex has been considered a taboo and states that it’s a morality of women to be a virgin till the time of marriage. However, with the time and generation, society is trying to be liberated but carries the baggage of different notions of morality wherein sex before marriage is a matter of censure. Now in such situations, a woman who is in love with a boy forgets that to have sex is her option like her counterpart’s but refuses to take responsibility for her decision,” Justice Bhatkar further said.

Title Image: localpress

News Source: newsx

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Sumaiya Sheikh (WRITER)

Sumaiya believes in expressing her thoughts with the sword of words. This management lover handled 30 and 100 volunteers for All India Interschool Personality Contest in 2013 & 2016 respectively, by Oxford Speakers’ Academy. A chatterbox, she also hosted three shows at All India Radio. This compotator represented KKSU in the inter-university debate competition - Indradhanushya.