Originally posted by: rajeshraj
Agree with you mam. But the latest decision of supreme Court is a pro women one and sex on false promise of marriage amounts to rape.Such a decision is really unfair and in the name of progressive outlook they are making it really difficult for men to live in this society. By repealing adultery law they have done a great thing. It removed the discrimination that existed between men and women where women was considered as a commodity and men as a criminal but there are many draconian laws still existing in our country which are discriminatory to both men and women. www.thehindu.com/news/national/sex-on-false-promise-of-marriage-is-rape-supreme-court/article26831183.ece/amp/ Have a look at the article. What is your view on the progressive thinking of our judges
SC jas a long way to go to actually understand what rape trully is & what does consent mean & so does our society. They define consent as per case to case. In that particular case, court said that it can't be considered a consent since woman believed that he would marry her even when he had no intention of marrying her. If the breakup was mutual, then court doesn't count is as rape but a consensual act. But if man approached the woman with the sole intention of satisfying his lust & left her pregnant, then it's rape (as per the case you mentioned). The crucial word here is "intention" which court admits is difficult to prove.
Court admits that rape laws are being used as a weapon against man when relationship turns sour. But they also consider the cases where vulnerable woman are specifically targetted & lured into sex on the pretext of marriage & then later shunned away or left pregnant without any help from the father. They are planning to create separate provision for these cases.
Our rape laws are flawed since they don't recognize that a man can be raped, marital rape comes in a grey zone & they allow women to abscond women from accepting the consequences of their consent, especially when a woman is educated & of sound mind to take decisions. People here want to go modern but not truly understand it. Since marriage is a huge thing here, so it creates a problem. Either woman should refuse sex before marriage if marriage is a big deal for them or if they go ahead to have sex before marriage believing a party on their own, then they can't claim it to rape because consent was given & they had no problem with it then. There are two things here-believing words of a man in relationship which is one's own doing & intentions. Accusing man of rape after having enjoyed is more about personal vengeance since these women think that since they are no longer virgin & no one would marry them, so accusing the guy of rape & putting legal pressure on them will help them achieve the goal & gain sympathy from their parents & society. This phenomenon is more common in urban areas where some women misuse these laws. These cases are demeaning the actual cases of rape where justice is really hard for the victim as the trauma is huge.
Recently a guy on tinder explicitly mentioned one night stand in his profile & this young lady readily goes on a date with him & they have sex. Now this woman forces the guy to marry her & he refuses since he clearly mentioned his intentions. Guy has been accused of rape by this woman & the case is pending in the court.
Courts try hard to be subjective according to the case. In this case, judges observed that the accused had no intention of marrying her & was using her to satisfy his lust & still promising her marriage but he married someone else.
Indian society is in transition where it struggles with adopting western ideas & still stuck in their traditional, conservstive values.
For me, rape is simply a sexual act done without the active consent of either party. The consent should have not been given under duress like under a like threatening situation because then it amounts to sexual harassment & a rape.
https://www.bbc.com/news/world-asia-india-47959684
This link is a good summary of what actually happens in such cases.
Though I admit that a man is thoroughly screwed in today's times & it's becoming more evident. We are witnessing cases of both men & women being target of exploitative people who don't get justice & suffer. Only precaution can save at times. But for the rest, sometimes, people are extremely unlucky in life.