Supreme Court Raises Concerns About Increasing Trend of Rape Cases Linked to False Marriage Promises

The Supreme Court on Wednesday expressed worries regarding the growing phenomenon of rape cases being filed due to claims of false marriage promises.

A Bench made up of Justices MM Sundresh and Rajesh Bindal noted that unsuccessful romantic relationships should not inherently lead to criminal charges, particularly with the evolving societal norms.

Case Background

The Court was reviewing a petition from a man who aimed to dismiss rape accusations made against him by a woman he was engaged to. The woman asserted that she was pressured into a sexual relationship under the false guise of marriage.

During the session, the Bench commented that people must understand the consequences of their decisions. “If you were so naive, you wouldn’t be in front of us. You were an adult. It cannot be that you were led to believe that you would marry. Currently, moral and social standards are changing. If we accept this rationale, any relationship between a couple in college could turn into a criminal act if marriage does not ensue,” the Court remarked.

Legal Perspectives

The Bench additionally highlighted that such instances often arise from conservative views, wherein societal expectations place excessive blame on men. “The conservative viewpoint is evident here. There are deficiencies in our legal framework. Sometimes, women file multiple complaints against their in-laws. Regardless of our comments, ultimately, you are the victim,” the judges expressed.

Senior Advocate Madhavi Divan, who represented the woman, rebutted that this was not merely a case of a fleeting romantic relationship but one of an arranged marriage. “Consent in this scenario was not given freely. Her broken engagement would be socially stigmatizing. She feared that if she did not meet his demands, he might not proceed with the marriage. It may have been casual for him, but not for her,” she contended.

Court’s Response & Observations

The Court, however, raised doubts about whether this assertion could result in a conviction. “What difference does it make? Tomorrow, regardless of marriage, accusations of marital rape can emerge. The sole fact here is that the marriage did not occur,” the Bench replied.

The judges also pointed out that the woman’s choice to engage a senior lawyer like Divan indicated that she was not easily misled. “Hiring such a senior attorney indicates she is not a naive individual,” Justice Sundresh noted.

The Bench stressed the importance of an impartial consideration in such matters. “We cannot assess this issue from a singular viewpoint. As a father myself, I would still want to see the larger picture. In this instance, can a conviction be attained with such flimsy evidence? ” Justice Sundresh inquired.

Divan countered that women frequently lack negotiating leverage in these circumstances. “Her father had cancer and wished for her to marry. She simply aimed to satisfy the man,” she stated.

Call For Equality In Marriage Legislation

Interestingly, Justice Sundresh additionally proposed that the clause for restitution of conjugal rights under the Hindu Marriage Act, which compels women to remain with their husbands, ought to be reevaluated. “I think there should be gender equality in such statutes. How can there be a standard obligating a woman to remain with a man? ” he commented.

Final Decision

The Court ultimately resolved to scrutinize the man’s appeal thoroughly. Senior Advocate Geeta Luthra represented the accused man.

Read More: Supreme Court, Delhi High Court, States High Court, International