Lf older woman for mutual relationship

Added: Jackilyn Glass - Date: 30.06.2021 18:14 - Views: 26087 - Clicks: 1616

We use cookies and other tracking technologies to provide services in line with the preferences you reveal while browsing the Website to show personalize content and targetedanalyze site traffic, and understand where our audience is coming from in order to improve your browsing experience on our Website. Vageshwari Deswal is an academician, author, feminist and activist working as Professor at Faculty of Law, University of Delhi.

The girl had alleged that the accused had established sexual relations with her on a false promise of marriage.

speed dating in knoxville tn

The Court held that in every case where a man fails to marry a woman despite a promise, he cannot be held guilty of rape. It is for the prosecution to prove that the promise to marry was a promise given with no intention to honour it, and that such a promise was the only reason why a woman agreed to a sexual relationship. The question here is, whether a consent obtained on the basis of Lf older woman for mutual relationship of marriage would hold good as a defence to rape charge? There is a clear distinction between rape and consensual sex and the Court must very carefully examine whether the accused had actually wanted to marry the victim, or had mala-fide motives and had made a false promise only to satisfy his lust as the latter falls within the ambit of cheating or deception.

In cases where the intention of the maker at the time of making the promise itself was not to Lf older woman for mutual relationship by it but to deceive the woman to obtain her consent for establishing sexual relations with her, then the consent will amount to consent obtained under a misconception of fact Section 90 IPCthus not operate as a defence to charge of Rape.

Consent given to a person, with whom a girl is deeply in love on a promise that he would marry her on a later date cannot be said to have been given under a misconception of fact. If a grown up girl, fully aware of the nature and consequences of the sexual act, consents to such act on a promise of marriage and continues to do so for a long time, then it is difficult to determine whether the reason behind such consent was only the promise made by the boy and not a mutual desire to be together. We need to appreciate the difference between false promise and breach of promise.

A promise if false if the promisor had no intention of fulfilling the promise at the time when it was made. Thus it was false from the beginning and the promisor made it solely with the object of getting the woman to consent. On the other hand, a breach of promise may happen due to a of factors. The boy may fall out of love after some time, he might get involved with another partner, he might be compelled by his family to marry someone else or there could be many other reasons, why a boy may not fulfil his promise of marriage. However, the determining factor is the intention of the accused at the time of the act.

If he never intended to marry then he is guilty of cheating. It depends on case to case and the evidence led in the matter. If it is fully grown up girl who gave the consent then it is different case but a girl whose age is very tender and she is giving a consent after persuasion of several months on the promise that the accused will marry her which the latter never intended to fulfill right from the beginning, then Section 90 can be invoked.

Such consent cannot condone the offence. There is no formula or fixed criteria for determining whether consent was voluntary. What is a voluntary consent and what is not a voluntary consent depends on the facts of each case. But factors such as age, intelligence, consciousness, morality, relationship with accused etc. The Court must, in each case, consider the evidence before it and the surrounding circumstances, before reaching a conclusion, because each case has its own peculiar facts, which may have a bearing on the question whether the consent was voluntary or was given under a misconception of fact.

This has to be determined in a subjective manner by application of judicial mind. If the attending circumstances lead to the conclusion that, not only the accused but prosecutrix was also equally keen, then in that case the offence is condoned.

matching dating sites

The lure of marriage has served as a bait for unsuspecting girls, especially from weak socio-economic backgrounds who see marriage as a means to end their miseries. The Lf older woman for mutual relationship prey are young girls, who are neglected by their families and are looking for attention and love outside.

In such circumstances, the presence of a lover showering praises and attention on her is enough for her to get carried away. The dream shatters when she gets pregnant and the boy refuses to own up. With no one to turn to she alleges rape. It makes no difference in such cases whether the girl had been promised marriage before sex to obtain her consent, or she was refused marriage after Sex. The latter complainant is seen as a jilted lover seeking vengeance by alleging rape. She has been exploited but the law cannot help her as under existing law consent is a defense.

Abortion is also not a choice for majority of such victims because under the Medical Termination of Pregnancy Act, abortion is legal within only 20 weeks of pregnancy, and these cases mostly come to light only after that period has lapsed. The boy cannot be prosecuted for rape; the procedure for paternity determination is lengthy and unaffordable for most of the victims; and even where it is ascertained, the boy might also have nothing to offer in terms of damages, compensation or future maintenance.

It is the girl, who alone faces social ostracization of unwed motherhood. Registration of fake cases plays havoc with the actual crime statistics. Even otherwise not all rapists are punished. Our Indian social milieu is not very encouraging for women seeking justice. Owing to the stigma attached very few women complain, fewer cases go up to the stage of trial owing to high attrition rate and there are still lesser convictions. Rape is the most hated crime in society.

top 10 poland dating site

However false complaints tend to trivialize it. False implication in a rape cases causes extreme humiliation, disgrace and mental agony to the accused. No sooner that the news of a person having been accused of rape spre in society, he is humiliated, ridiculed and looked down upon by all. Even his honourable acquittal by the court is not taken note of and does little to salvage his lost honour and dignity. He has to live with the trauma of having been a rape accused throughout his life.

Such cases cause people to view even genuine cases through a tinted lens. We need to evolve a mechanism to separate the genuine cases from the fake ones and prevent abuse of Lf older woman for mutual relationship laws. Two-child cap and other disincentives should go. We need more babies, not less. Indians not allowed. How come? Global travel bans on Indians are illogical, and may be reflective of prejudice.

Even in grief, Mandira Bedi broke shackles of patriarchy. Trolls vs Mandira Bedi — She stands tall, the shame is all theirs. Slight objection, Milord: CJI is right. Reading Bhagwat: RSS chief said some right things. Politics is competitive but do we have to demonise each other? Interested in blogging for timesofindia. We will be happy to have you on board as a blogger, if you have the knack for writing.

Just drop in a mail at toiblogs timesinternet. Accept Reject. Update Consent. Facebook Twitter Linkedin. Vageshwari Deswal Dr. Start a Conversation. Please note: TOI will have complete discretion to select bloggers TOI's decision in this regard will be final There's no remuneration for blogging TOI reserves the right to edit all blogs.

Blogs by Vageshwari Deswal Sexual harassment of law interns: Need to institutionalize apprenticeships Board exams A case for cancellation of offline examinations Holi Celebrations: A feminist rant against sacrilege.

neu online dating

More Blogs. Rahul Shivshankar Beyond The Headline.

make a matchmaking app

Arun Ram Chennai Talkies.

Lf older woman for mutual relationship

email: [email protected] - phone:(841) 838-1183 x 8839

Whether sex based on promise of marriage amounts to rape?