‘Woman Not Prosecuted If She Tricks Man with False Promise of Marriage’: Kerala High Court Calls for Gender-Neutral Rape Laws
The Kerala High Court recently highlighted a significant legal disparity: women are not prosecuted for making false promises of marriage to men, while men are. This has led to calls for making rape laws gender-neutral.
Justice A. Muhamed Mustaque’s Statement
Justice A. Muhamed Mustaque questioned, “If a woman tricks a man under false promise of marriage, she can’t be prosecuted. But a man can be prosecuted for the same offence. What kind of law is this?” He made this remark while handling a child custody case involving a divorced couple.
Case Background
During the custody hearing, the woman’s advocate mentioned that the man had previously faced a rape accusation. The man’s lawyer countered that the allegation was based on “unsubstantiated accusations of sex under a false promise of marriage.” This prompted Justice Mustaque to express his concern about Section 376 of the Indian Penal Code (IPC), which deals with rape, noting that it is not gender-neutral.
Need for Gender-Neutral Laws
Justice Mustaque emphasized the need for gender-neutral provisions, saying, “Section 376 is not a gender-neutral provision. If a woman tricks a man under false promise of marriage, she can’t be prosecuted. But a man can be prosecuted for the same offence. It should be gender-neutral.”
Previous Court Observations
Earlier this year, another bench, including Justice Mustaque, noted that the statutory provisions of rape under the IPC are not gender-neutral. The court stated, “A woman, on a false promise of marrying and having a sexual relationship with a man, cannot be punished for rape. However, a man on a false promise of marrying a woman and having a sexual relationship with her would lead to a prosecution case of rape.”
Legal Implications
The court further clarified, “Under the breach of promise to marry, a man who convinces a woman to consent to a sexual act by promising marriage but then reneges can be prosecuted for rape. However, mere reneging on the promise does not amount to rape. The prosecution must demonstrate that the man never intended to marry the woman and deceived her into consenting to the sexual act.”
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