The Kerala High Court has pointed out that current laws are not fair because they only allow men to be prosecuted for making false promises of marriage. Justice A. Muhamed Mustaque questioned why a woman can’t be prosecuted if she tricks a man with a false promise of marriage, while a man can be prosecuted for the same offense.
Justice Mustaque made these remarks while handling a child custody case involving a divorced couple. During the hearing, the woman’s lawyer mentioned that the man had once been accused of rape. The man’s lawyer countered that the accusations were based on “unsubstantiated claims of sex under a false promise of marriage.”
Justice Mustaque expressed concern that Section 376 of the Indian Penal Code, which deals with rape, is not gender-neutral. He stated, “If a woman deceives a man with a false promise of marriage, she can’t be prosecuted. But a man can be prosecuted for the same offense. What kind of law is this? It should be gender-neutral.”
Earlier this year, Justice Mustaque was also part of a bench that ruled the statutory provisions of rape are not gender-neutral. The ruling emphasized that under the current law, a woman who falsely promises to marry a man cannot be charged with rape. However, a man making a similar false promise to a woman can be prosecuted.
The court further clarified, “Under the breach of promise to marry, a man who persuades a woman to consent to a sexual act by falsely promising marriage can be prosecuted for rape. However, merely breaking a promise does not amount to rape. The prosecution must prove that the man never intended to marry and deceived the woman into consenting to the sexual act.”
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