‘Conservative Mind Is At Play, Today’s Morality Different’, SC On Rape Case After Marriage Promise

New Delhi: The Supreme Court on Wednesday observed that a failed romantic relationship should not ideally result in filing of a rape case by the woman involved, saying “the conservative mind is at play because the man is blamed here…”.

The matter came up before a bench comprising justices MM Sundresh and Rajesh Bindal. The apex court was hearing a plea by a man seeking to quash rape charges levelled against him by a woman, with whom he was engaged. The woman claimed that she was subjected to sex on the false pretext of marriage.

The bench observed that failed romantic relationships should not ideally result in rape cases by the women involved, especially against the backdrop of changing moral values in the society. The bench observed that if it were to agree with the complainant, then any relationship between a boy and girl in college, etc, would become punishable.

The senior counsel, representing the woman, submitted that this was not a case of a romantic relationship turning sour but an arranged marriage situation.

The bench observed that suppose the girl and boy love each other, and the girl resists, and the boy says that he will marry her next week but then he does not, so again an offence.

The bench told the woman’s counsel that she was a major, and it cannot be that she was hoodwinked to believe that she would get married, etc. The bench observed that with due respect, today the concept of morality, virtues is different among younger people.

"The conservative mind is at play because the man is blamed here. There are lacunae in our system...”, said the bench.

The girl’s counsel argued that the consent in the present case cannot be said to be free consent, and stressed that the concept of consent is important. The counsel submitted that they were engaged, and it may be casual sex for the man but not for the woman.

The bench said the matter has to be looked at impartially and not just from the point of view of the victim.

"We cannot look at it from only one lens…..I also have a daughter, and if she is also in this position I need to look at it from a broader perspective. Now see (in) this case, can conviction be secured here with such weak material?" Justice Sundresh asked.

The bench further queried the woman’s counsel, “You did accept the relationship with the option that it can be broken off some day….”.

The woman’s counsel said her client did not have the bargaining power, as her father had cancer and he wanted her to be married. The counsel added that the woman only wanted to please the man.

The bench orally observed that the restitution of conjugal rights provisions, which force women to stay with their husbands, should also be re-examined.

After hearing submissions, the bench said it will examine the appeal filed by the man in detail at the next hearing.