The Supreme Court has yet again ruled that the failure of a live-in relationship does not entitle the woman to file a case of rape against her former partner. But these cases keep recurring with regular frequency and much judicial and police time is expended in dealing with them, not to mention harassment faced by the accused. It is time the Supreme Court or the government bring finality to this issue which makes a mockery of rape laws and the individual liberty granted to consenting adults.
The court has ruled that even if a man makes a false promise of marriage to a woman “only to satisfy his lust” this would fall in the “ambit of cheating and deception”. Likening this to rape is unfair. In India we recognise the agency of an adult to make independent decisions. Consequently, these adults must also take responsibility for the choices they have made, even when they end badly. Exploiting a loophole in the law to claim rape doesn’t behove a civilised society.
Claiming the consent was secured on false promises is fine but then the case made out should be on cheating and breach of trust under the Indian Penal Code, not rape. Given government’s moralising streak, it remains to be seen if it will do anything that is seen as condoning live-in relationships or giving agency to individuals in such relationships. It will fall to Supreme Court to rectify such injustices like triple talaq and Section 377 and 497 IPC (criminalising homosexuality and adultery).
