{"id":212433,"date":"2022-10-31T19:52:04","date_gmt":"2022-10-31T14:22:04","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=212433"},"modified":"2022-10-31T19:52:04","modified_gmt":"2022-10-31T14:22:04","slug":"the-case-of-consent-on-women-related-issues","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/the-case-of-consent-on-women-related-issues\/","title":{"rendered":"The case of consent \u2013 on women related issues"},"content":{"rendered":"\n

Source<\/strong>– The post is based on the article \u201cThe case of consent\u201d <\/strong>published in The Indian Express <\/strong>on 31th October 2022<\/strong>.<\/p>\n

Syllabus: <\/strong>GS2- Mechanism and laws related to vulnerable sections<\/p>\n

News-<\/strong> The article explain the issue of women alleging rape when long-term relationships come to an end.<\/p>\n

What is the legal position?<\/strong><\/h5>\n

Section 375<\/strong> is related to rape. As per Section 375, a man is said to have committed rape if he has sexual intercourse with a woman \u201cwithout her consent\u201d<\/strong>.<\/p>\n

It should be read with section 90<\/strong>. Section 90 provides that consent given under a misconception<\/strong> is not consent in the eye of the law. Hence, a woman who indulges in sexual intercourse with a man on the promise of marriage argues that her consent was accorded under the \u201cmisconception\u201d that the accused was going to marry her.<\/p>\n

Supreme Court has ruled that the alleged misconception created to obtain a woman\u2019s consent for sex has to be close to the incident and not stretched over years.<\/p>\n

What are the issues involved?<\/strong><\/h5>\n

The law is being misused against the male sexual partners. It is being used as an instrument of arm-twisting, blackmail, extortion and disproportionate revenge. It causes immense harassment, including imprisonment, the financial burden of seeking bail to men who had no criminal tendencies.<\/p>\n

Risk averse <\/strong>tendency of police in sexual offence related cases further exacerbate the problem.<\/p>\n

It also results in an undue burdening of the criminal justice system.<\/p>\n

Relationship dynamics<\/strong> are further undergoing a quantum change. Young men and women increasingly engage in casual dating <\/strong>and short-term sexual intercourse <\/strong>through social media apps.<\/p>\n

A law that seeks to protect unmarried adult women from being deceived into sexual intercourse also appears patently paternalistic<\/strong>.<\/p>\n

The law is also paradoxical to women\u2019s sexual liberation and empowerment<\/strong>. This comes with both the freedom and the responsibility to own up to their choices and desires.<\/p>\n

What is the way forward?<\/strong><\/h5>\n

There is an urgent need to institute a system of detailed preliminary enquiry <\/strong>for such complaints before registering an FIR\u00a0 to gauge the veracity of the allegations. This would help protect the genuine victims.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source– The post is based on the article \u201cThe case of consent\u201d published in The Indian Express on 31th October 2022. Syllabus: GS2- Mechanism and laws related to vulnerable sections News- The article explain the issue of women alleging rape when long-term relationships come to an end. What is the legal position? Section 375 is… Continue reading The case of consent \u2013 on women related issues<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500],"class_list":["post-212433","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704956981},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/212433","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=212433"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/212433\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=212433"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=212433"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=212433"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}