Men in India face up to 10 years in prison for having sex with a woman after falsely promising to marry her, according to media reports. This is the result of a recent amendment to the penal code aimed at preventing the sexual exploitation of women.
July 1st in India an amendment to the penal code that has been in force for 164 years has entered into force. A new article 69 has been added to the document, which is to provide better protection for women against sexual exploitation – CNN reports. The changes, however, have aroused mixed reactions. There have been voices that they may de facto outlaw separations before marriage.
Amendment to the Penal Code in India
The new article states that having sexual intercourse with a woman by “promising to marry her” without actually intending to do so or through “deceptive means” such as false promises of career advancement or others aimed at misleading the victim, is to be punishable by up to 10 years in prison and a fine.
CNN notes that many women have previously reported to law enforcement and sued men for deceiving them into sexual relations, promising them marriage. However, courts have issued different verdicts in similar cases. “India Today” recalls that until now there were no laws regarding having sexual intercourse through deceit or concealment of facts, and such cases were considered based on an article according to which a woman did not consciously consent to intercourse if she had a “mistaken belief in the facts”. After the breakdown of relationships, women have therefore accused men of rape. Now, according to the portal, they have the opportunity to argue that they agreed to sex, but under the influence of a false promise, which is also a crime.
New law in India raises controversy
The new article is controversial. Some commentators wonder how the new law will be enforced, since the promise and deception may be difficult to prove in court. In addition, the burden of proof that such a crime occurred is supposed to be on the victim.
Another concern raised by “India Today” is that the new rules will make it illegal to break up in a sense. If a relationship does not end in marriage, men will be exposed to lawsuits. “The intention (to get married) is subjective. How one can prove that there was a genuine intention if the marriage has not yet taken place is not clear,” says lawyer Arvind Singh, quoted by the portal. “Relationships can end for various reasons, even if there was an intention to get married,” he added.
Audrey Dmello, director of the women's rights NGO Majlis Law, emphasizes that the new regulations empower women and put them on an equal footing with men. “In our society, we always tell women: do this, do that, don't go out at night, don't wear these clothes. Now the roles have been reversed,” she said.
CNN reminds that in conservative Indian society, attitudes towards the topics of premarital and extramarital sex are gradually changing, especially among younger, more progressive generations and urban dwellers.
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