The Kerala and Allahabad High Courts have made certain significant statements this week pertaining to rape. Both have widened the spectrum of rape, its meaning, and the acts which fall into the category, thereby suggesting equal punishment for its perpetrators.
According to Deccan Herald, the Allahabad High Court that sexual intercourse with a woman on the “false promise of marriage” amounts to rape and further stressed the need for making new laws to deal with such cases.
“Rape is considered as the most physically and morally reprehensible crime in a society and has a long-lasting effect on the mind of victims…sexual intercourse with the victim on the pretext of false promise to marry is, and ought to be an offence of rape under penal provisions,” the court announced.
The Allahabad High Court further mentioned the increasing number of such cases where men make false promises of marriage and deceive women but escape from criminal liability by taking advantage of the law.
“But till such a law is enacted, the court should take into consideration the social reality and reality of human life and continue giving protection to such women who have suffered on account of false promises of marriage unless there is prolonged relationship which raises a strong inference of consensual sex,” the court stated.
The court further said that they cannot remain “silent spectators” and give “license” to those “exploiting innocent girls”.
“This feudal mindset and male chauvinism that women are nothing but an object of enjoyment are required to be rigorously addressed and strictly dealt with in order to create a healthier society and to increase a sense of security and protection in the mind of women,” the court said.
This comes after the Supreme Court stated a few months back that “a charge of rape is not applicable in every case where a man does not marry his girlfriend after a promise”.
On the other hand, the Kerala High Court pressed on expanding the definition of “rape” and said that “non-penetrative sexual act between the thighs of a victim to produce a sensation akin to penetration will also be defined as rape”, reports Hindustan Times.
The court stated this during the hearing of a plea filed by a sexual assault accused who repeatedly assaulted a minor girl in his neighbourhood sexually. The criminal act involved “penetration between the thighs of the victim”.
“When the body of the victim is manipulated to hold the legs together for the purpose of simulating a sensation akin to penetration of an orifice; the offence of rape is attracted. When penetration is thus made in between the thighs so held together, it would certainly amount to ‘rape’ as defined under Section 375,” the court said.
“The definition of rape as contained in section 375 would take in, all forms of penetrative sexual assault onto vagina, urethra, anus or any other parts of the body so manipulated to get the feeling or sensation of an orifice,” the court added, reports India Today.
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