Unmarried girls in India don't have physical relationship unless promised marriage: Madhya Pradesh high court

It is the girl who is always at the receiving end because it is she who runs the risk of being pregnant, the court said in a recent judgment denying bail to an accused. 
Men can not plead consent and laugh all the way to home, the order said, 
Men can not plead consent and laugh all the way to home, the order said, 
Published on Aug 14, 2021 10:36 PM IST
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By | Written by Poulomi Ghosh

The Indore Bench of the Madhya Pradesh high court has recently observed that unmarried girls in India will not indulge in carnal activities with a boy just for fun, unless she is promised marriage by the boy, Livelaw reported. The bench of Justice Subodh Abhyankar said that the boy entering into a physical relationship with a girl has to realise that his actions will have consequences.

"…barring some exceptions...it has not yet reached such level (advance or lower) of civilization where unmarried girls, regardless of their religion,indulge in carnal activities with boys just for the fun of it, unless the same is backed by some future promise/assurance of marriage and to prove her point, it is not necessary every time for a victim to try to commit suicide as in the present case," the court observed.

The court made these observations hearing an alleged rape case. The girl tried to commit suicide. The counsel for the boy claimed they were in a relationship and it was a consensual act. The court said it does not find it to be a fit case for grant of bail as apparently the accused allured the girl on the pretext of marriage "despite knowing fully well that both of them are from different religion"

"In majority of the cases of rape, the defence of the accused is that the prosecutrix was a consenting party and in most of the cases the accused gets the benefit of doubt also," the court said.

That the girl tried t commit suicide shows that she was serious about the relationship and it cannot be said that she entered into the relationship for enjoyment, the court observed.

"It is the girl who is always at the receiving end because it is she who runs the risk of being pregnant and also her ignominy in the society, if her relationship is disclosed. You just cannot plead consent on the part of the prosecutrix and laugh all the way to your home," the judgment read

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Sunday, January 23, 2022