Promise to marry not to be considered as rape for educated women, HC

Ayupp

Mumbai High Court: The Bombay high court granted bail to 21 years old after his former girl friend lodged a case of rape after their breakup. The Court said that a promise to marry cannot be said to be an inducement in rape in every rape case and granted bail to this 21-year-old youth in a rape case lodged by his former girlfriend.

The order was passed by Justice Mridula Bhatkar, held that the educated girl should be responsible enough to realize the potential outcome of her decision while giving her consent to pre-marital sex and should take responsibility for her decision.

Justice Bhatkar said “In the event of consent obtained by fraud, inducement is a necessary ingredient. There should be some material on record to believe prima facie that the girl was induced by the accused to such an extent that she was ready to have sexual intercourse with him. Promise to marry cannot be said to be an inducement in these types of cases," she said.

Further adding Justice Mridula  Bhatkar said  “Since generations, the virginity of a woman is considered precious and there is a moral taboo that it is a responsibility of a woman to be a virgin at the time of marriage. However, today, the young generation is exposed to different interactions...; similarly, late marriages and economic independence are also relevant factors. Society is trying to be liberated but carries the baggage of different notions of morality ... Under such circumstances, a young woman who is in love with a boy forgets that to have sex is her option like her counterpart's but somehow refuses to take responsibility for her decision,".  

However, the High court judge stated that a false promise of marriage could be considered rape if the woman is illiterate and the man gets intimate with someone while hiding crucial facts of his life from her.



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