‘Not always rape,’ Indian Supreme Court ‘worried’ over FIRs post breakup
File photo of the Indian Supreme Court. Photograph:( Reuters )
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The top court noted that a prolonged physical relationship without protest can also be seen as a consensual relationship and not always necessarily as a relationship based on a false pretext of marriage.
The top court noted that a prolonged physical relationship without protest can also be seen as a consensual relationship and not always necessarily as a relationship based on a false pretext of marriage.
The Supreme Court of India on Wednesday (Nov 27) expressed concerns over rape cases being filed against men following a break-up between couples, calling it a "worrying trend." The top court noted that a prolonged physical relationship without protest can also be seen as a consensual relationship and not always necessarily as a relationship based on a false pretext of marriage. Justices BV Nagarathna and N Kotiswar Singh issued their observation while hearing a petition to quash an FIR filed against a man alleging rape.
"It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged periods, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence," the bench noted.
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The court said there was an urgent need to make a distinction between consensual relationships and relationships based on the false pretext of marriage. The court noted that any physical relationship between two persons can also be based on their affection, with or without commitment to marriage.
"In our opinion, the longer the duration of the physical relationship between the partners without protest and insistence by the female partner for marriage would be indicative of a consensual relationship rather than a relationship based on false promise of marriage by the male partner and thus, based on misconception of fact," the bench noted.
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Last week, the apex court noted that a mere breakup of a relationship between a consenting couple cannot result in the initiation of criminal proceedings.
"A mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. What was a consensual relationship between the parties at the initial stages cannot be given a colour of criminality when the said relationship does not fructify into a marital relationship," the bench of the two justices said.
(With inputs from agencies)
