New law of India causes controversy
The new law of India addresses a common but sometimes disregarded kind of sexual abuse. Men who dishonestly break off vows of marriage after having sex with a woman may receive a sentence of up to 10 years in prison.
There are concerns regarding the application of the new law in India. One concern is its ability to shield women from sexual exploitation. Another concern is its potential to make breakups illegal.
Early in July, the administration of Prime Minister Narendra Modi replaced India’s 164-year-old penal code from the colonial era with a new one.
Section 69 of the new law makes it illegal: To have intercourse with a woman by making a false promise to marry her. To use deceitful means, such as posing as someone else or marrying under pretenses, to enhance one’s career.
The maximum sentence for this felony is ten years in prison and a fine.
The idea behind the new legislation is not new. Other women have taken similar cases to court, charging men with enticing them into extramarital affairs with the promise of marriage.
Indian culture places great importance on tradition when it comes to sexuality. In Indian culture, people highly value female virginity. Discussions about dowry can be costly before marriage in India. Therefore, many people hold the view that premarital and extramarital sex are improper. This belief can complicate a woman’s ability to marry if she is seen as having participated in such behavior.
Audrey Dmello is in favor of the new law in India. Majlis Law is an NGO that advocates for women’s rights in India. She argues that the law should address the underreporting of rape cases involving “promises to marry.
She told CNN that “having such a law gives women validity as to what happened to them.”
Contrasting decisions due to the new law of India
Court decisions under the former penal code held that having intercourse under pretenses is not consenting, which led to rape convictions.
However, the new rule aims to rectify the inconsistent findings that judges have made in “promise to marriage” situations.
The defendant indicated reluctance to marry due to caste disparities. They engaged in a prolonged romantic and sexual relationship. According to court documents heard in 2019, the plaintiff alleged that she had been raped during this relationship.
Even though the Indian government formally abolished the 2,000-year-old caste system in 1950, it continues to persist in various aspects of society. Hindus are born into a caste system that determines their social status, permitted occupations, and permissible marriages.
Courts have different verdicts on similar cases
According to the court’s finding in the 2019 cases, a broken promise is different from a false promise of marriage. In the case of a broken promise, the male did not intend to keep it from the beginning. The guy was found not guilty as a result. The woman continued the relationship despite knowing that marriage would be challenging. The court determined that, under these circumstances, the act did not meet the criteria for rape.
But in a related case that same year, India’s highest court issued a different decision. The Chhattisgarh court upheld the rape conviction against the doctor. He had sexual contact with a woman after making a marriage commitment to her, as stated in the court records. Still, he later broke that promise and married someone else.
He received a 10-year prison term along with a 50,000 rupee (about $600) fine.
Varanasi-based legal advocate Tanvir Siddiki states that these disparate verdicts have confused even among the judges.
He went on, “You can see that on the very issue of ‘promise of marriage,’ the Supreme Court of India is saying one thing and the (one court) is saying another.”
According to Tanvir Siddiki, a legal advocate based in Varanasi, these disparate verdicts have confused even among the judges.
potential problems brought on by the new law
Although the new rule separates rape cases from “promise to marry” cases, some solicitors claim the boundaries are still ambiguous.
Some have expressed concerns about the law’s implementation. They claim it will be challenging to substantiate dishonesty and the desire to marry in court.
“How does one establish someone’s intention? According to Gopal Krishna, a legal advocate in Varanasi and the legal coordinator for a regional NGO for women, Guria India, “In the real world, even if such a situation occurs, the accused would only tell his true intentions to his confidant, he wouldn’t tell the victim that.”
Siddiki continued, “Under the old penal code, rape victims, including those in instances involving ‘marriage promise,’ had to undergo medical examinations.” “However, under the new classification of crimes, this need is no longer in place.”
He inquired how the prosecution would demonstrate the victim’s sexual exploitation without it.
According to experts who spoke with CNN, the law has also moved the burden of proof onto the victim.
Contradictory views
Younger Indians in urban and middle-class areas have expressed doubts about the law’s continued applicability in modern India. The customs around arranged weddings and historically conservative views towards dating and premarital sex are changing in today’s India.
Durjoy Biswas, a citizen of West Bengal and aged 21, stated: “We’re living in a modern time where people choose to stay in relationships without desiring marriage.” Biswas resides in Kolkata.
Additionally, 19-year-old Vanshika Bhattad of Delhi questioned the legality of two consenting individuals having sex.
Both individuals should focus on consent when engaging in sexual activity, even if the man is lying about being married. It is rape, he declared, if someone forces intercourse with a girl.
Dmello of Majlis Law argued that the law empowers women and ensures gender equality. Despite concerns raised by social media users about the potential misuse of Section 69 against men, Dmello maintained that the law fortifies women’s rights.
“In our culture, we constantly advise women to do this and that—don’t go out late, don’t dress like this,” the woman remarked. “Now that things have been reversed,,”
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