Kerala High Court: Rape Law Should Be Gender-Neutral in False Promise of Marriage Cases
The Kerala High Court has raised important concerns about gender bias in Indian rape laws, especially in cases where sexual relationships happen under false promises of marriage.
Justice A. Muhamed Mustaque, while hearing a child custody case between a divorced couple, questioned why only men can be punished under Section 376 of the Indian Penal Code (IPC) in such situations.
During the case, the woman’s lawyer claimed the man had a rape accusation in the past. However, the man’s lawyer clarified that it was based on a false promise of marriage, and the allegations were not proven.
Justice Mustaque then pointed out a major issue in the law, saying:
“Section 376 is not gender-neutral. If a woman tricks a man with a false promise of marriage, she cannot be prosecuted. But a man can be punished for the same thing. What kind of law is this? It should be equal for both.”
The judge added that the rape law should apply fairly to both men and women. In its current form, only men can be accused of rape in such situations, while women are not held accountable, even if they deceive a man into a sexual relationship by promising marriage.
Earlier this year, Justice Mustaque was part of another judgment that also noted this problem. The court then stated:
“If a man falsely promises marriage and has sex with a woman, he can be prosecuted. But if a woman does the same, she cannot be punished under the law.”
However, the court clarified that not every broken marriage promise is rape. For the law to apply, it must be proven that the man never intended to marry the woman and used the false promise just to get consent for sex.
The Kerala High Court’s strong comments have once again opened the debate on whether rape laws in India should be made gender-neutral to ensure fairness and equality under the law.
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