Is Law In A Favour Of Women?

Judgements and orders passed by courts of India really do justice to women.

- Sanjeev Sirohi

In order to prevent crime against women, the Judicial System of the country has created several laws in favour of women. But, are these laws successful in controlling the crimes against them? The answer is unanimous no! And the reason is lack of awareness about her own rights! The laws of India have been amended over time to favour women, and although there is a heated debate over the right or wrong of the biasness towards women, it is undeniable that crimes against women are still on the rise.

Some cases pertaining to woman’s sexuality have drawn attention and what court has to say about them, and how things took a turn, is in a way interesting as well as an eye-opener.

Let’s observe some cases.

Educated woman supposed to be fully aware of consequences of having sex with a man before marriage

If a boy and girl having love affair, indulge into sexual relationships and if end up, in a break-up it undoubtedly amounts to a consensual sexual relationship as they were in love with each other. Related to this issue a case filed by the petitioner (the boy) appealed quashing of an FIR on the complaint of the complainant (the girl) who got the FIR registered in terms by alleging that she was subjected to sexual assault on the marriage promise which the petitioner denied though there was a marriage proposal. While quashing a ‘rape’ case, the Jammu and Kashmir high court observed that when a woman is a major and educated, she is supposed to be fully aware of the consequences of having sexual intercourse with a man before marriage. Where there is mere breach of promise of marriage and before breach they have a sexual relationship, that sexual indulgence may amount to a consensual one and not rape as defined in Section 376 of the Ranbir Penal Code.