Kerala High Court Calls for Gender-Neutral Rape Laws in False Promise of Marriage Cases
In a significant statement, the Kerala High Court recently questioned the current laws regarding rape under a false promise of marriage. Justice A. Muhamed Mustaque pointed out the gender inequality in the law, where a woman cannot be prosecuted for tricking a man with a false promise of marriage, but a man can face prosecution for the same act.
Justice Mustaque made this observation while hearing a child custody case involving a divorced couple. The woman’s lawyer brought up a previous rape accusation against the man, alleging that he had sex under the false promise of marriage. However, the man’s lawyer argued that the accusation was based on unsubstantiated claims.
Justice Mustaque expressed his concern over the gender bias in Section 376 of the Indian Penal Code (IPC), which addresses rape. He remarked, “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? It should be gender-neutral.”
Earlier this year, the Kerala High Court made a similar observation, stating that the statutory provisions of rape under the IPC are not gender-neutral. The court highlighted the discrepancy where a woman, who convinces a man to have sex under a false promise of marriage, cannot be charged with rape. In contrast, a man who does the same with a woman can face rape charges.
The court further explained that a man could only be prosecuted for rape if it is proven that he never intended to marry the woman and deceived her into consenting to sex under false pretenses. Simply breaking a promise to marry does not amount to rape unless there was an intent to deceive from the beginning.
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