We know you have exactly the same feelings on your mind as us. If you're still in a state of disbelief, let us tell you that it is indeed true!
In a shocking judgement, the Bombay High Court granted pre-arrest bail to a 21-year-old boy saying that a "promise to marry cannot be considered as an inducement in every rape case". The case was filed by a girl when her boyfriend refused to marry her and the girl accused the boy of rape post their break-up.
Pre-marital sex is still taboo
“In case of consent got by fraud, inducement is a key element. There should be some substantial evidence on record proving that the girl was induced to such an extent that she was ready to get intimated. In such type of cases, promise to marry cannot be considered as an inducement,” said Justice Mridula Bhatkar as she delivered the judgement.
Justice Bhatkar also added that having pre-marital sex is still considered a taboo in India.
“In our society, having pre-marital sex has been considered a taboo since generations and states that it’s a morality of women to be a virgin till the time of marriage. However, with the time and generation, society is trying to be liberated but carries the baggage of different notions of morality wherein sex before marriage is a matter of censure, "she said.
"Today, the young generation is exposed to different interactions with each other and is well informed about sexual activities. Now in such situations, a woman who is in love with a boy forgets that to have sex is her option like her counterpart’s but refuses to take responsibility for her decision,” Justice Bhatkar added.
Justice Bhatkar also referred to an earlier judgement made by the Bombay HC that said that a woman must be aware of the after-effects of a pre-marital sexual relationship being an adult and an educated girl.
It cited its earlier orders where it had held that when a woman is an adult and educated, she is supposed to know the consequences of a pre-marital sexual relationship.
Teaching your kids about consent
Justice Bhatkar has made a very important point above that the times are changing, which is why it becomes essential for us parents to teach our kids about consent from an early age. Here are some pointers for you to help:
1. Asking for permission: Make sure you teach your child that it is important to seek permission before they kiss, hug or just embrace their friends and playmates. It is also important for you to not force them kiss or hug your friends as it would only confuse them.
2. Teaching them important words: Always maintain that 'No' and 'Stop' are strong words and need to be dealt with seriousness. Insist that your child follows them even when they is outside home and also makes their friends aware about them. Also, as parents you should be the first ones to follow them when dealing with your child.
3. Teaching them about privacy: Once your child is four years and above, tell them that it is not okay for them to change their clothes openly or even ask someone else other than the parents or the caregiver to wash or clean their private parts.
4. Making them aware: While you should not be sharing gory details with your child, start teaching them about everyday happenings and news related to sexual abuse so that they know what has to be done if, God forbid, they ever face any such situation.
Also Read: Bombay HC: Taunting your wife over her cooking skills or her English is not cruelty
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