Indian judge acquits film director of rape after saying 'a feeble no could mean yes'
7 years, 6 months ago

Indian judge acquits film director of rape after saying 'a feeble no could mean yes'

The Independent  

Sign up for the Independent Women email for the latest news, opinion and features Get the Independent Women email for free Get the Independent Women email for free SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A Delhi high court judge has acquitted a prominent Indian film director of rape, saying that a "feeble no" could amount to consent. Yet, quashing the conviction, Justice Ashutosh Kumar said it was likely Farooqui had "no idea" the alleged victim did not want to have sex with him. "In such cases, it would be really difficult to decipher whether little or no resistance and a feeble ‘no,’ was actually a denial of consent.” The judge said it was unclear whether Farooqi knew the alleged victim did not consent, saying "under such circumstances, benefit of the doubt is necessarily given to the appellant." The case has revived debate around consent in India, with women's rights campaigners saying the judge's comments distort the definition of consent.

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History of this topic

Woman's consent for sex doesn't extend to filming private moments, posting on social media: Delhi HC
Top News
2 months ago

Woman's consent for sex doesn't extend to filming private moments, posting on social media: Delhi HC

India TV News  

Consent to have sex doesn't allow capturing private moments and posting them on social media, Delhi High Court observed while dismissing the bail application by a rape accused who allegedly sexually exploited a married woman and leaked private images. 'Consent to engage in physical relations does not extend to misuse' "Even if the consent for sexual relations had been given …

HC: Woman’s consent for sex doesn’t extend to filming act
2 months, 1 week ago

HC: Woman’s consent for sex doesn’t extend to filming act

Hindustan Times  

The Delhi high court, while rejecting a bail plea, ruled last week that a woman’s consent to engage in a sexual relationship cannot be deemed as a consent to capture and post her inappropriate videos on social media. HC: Woman’s consent for sex doesn’t extend to filming act “Consent to engage in physical relations does not extend to the misuse …

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
3 months, 1 week ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC
4 months, 2 weeks ago

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC

Live Law  

The Karnataka High Court has said that there is no duty on the accused to prove a defence of consent in a matter of rape, and his exercise of his right to remain silent would be sufficient where the prosecution itself is unable to prove its case. The court said that as the right of the accused to remain silent …

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage
10 months, 3 weeks ago

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage

CNN  

CNN — An Indian judge has dismissed a woman’s complaint that her husband committed “unnatural sex,” because under Indian law it’s not illegal for a husband to force his wife to engage in sexual acts. According to the Madhya Pradesh High Court order, the woman told police her husband came to her house in 2019, soon after they were married, …

'Woman has right to say 'no' for sex to husband': Ex-SC Justice Deepak Gupta
1 year, 7 months ago

'Woman has right to say 'no' for sex to husband': Ex-SC Justice Deepak Gupta

Firstpost  

As per Section 375 of the Indian Penal Code, rape includes all forms of sexual assault involving non-consensual intercourse with a woman “Women have the right to say ’no’ to sex with their husbands,” said former Supreme Court judge Justice Deepak Gupta as he shared his views on marital rape in the backdrop of Right to Privacy. Spelling out his …

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC
1 year, 8 months ago

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. "We have to resolve the matters concerning marital rape," a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior …

A female experience of the law as we know it
1 year, 8 months ago

A female experience of the law as we know it

Live Mint  

The title of this book by Aaliya Waziri, a writer and advocate working as a judicial law clerk at the Delhi high court, comes from an essay by Lucia Osborne-Crowley, a British-Australian writer whose fierce memoir of reclaiming her body after a violent rape is a seminal feminist text today. Her influence on Waziri is evident—her books, I Choose Elena …

Man Should Know Difference Between Woman’s ‘Explicit Consent’ And Her ‘No’: Delhi Tribunal Dismisses RK Pachauri’s Appeal In Sexual Harassment Case
1 year, 8 months ago

Man Should Know Difference Between Woman’s ‘Explicit Consent’ And Her ‘No’: Delhi Tribunal Dismisses RK Pachauri’s Appeal In Sexual Harassment Case

Live Law  

Dismissing an appeal filed by former Executive Vice Chairman of TERI R.K. Pachauri in a sexual harassment case, an Industrial Tribunal of Delhi’s Rouse Avenue Courts has observed that a man should know the difference between explicit consent of a woman and her explicit “no” or implied consent. “The perusal of report further shows that ICC has carefully examined and …

Supreme Court to hear pleas seeking to criminalise marital rape on May 9
2 years ago

Supreme Court to hear pleas seeking to criminalise marital rape on May 9

Hindustan Times  

The Union government on Wednesday sought a week to clarify its stand on making marital rape a criminal offence even as the Supreme Court fixed May 9 as the date to commence extensive arguments on a clutch of petitions demanding a change in the legal regime. Senior counsel Siddharth Dave and advocate Jaikriti Jadeja will also appear in the matter …

Issue of consent in sexual assault cases needs scrutiny: Delhi high court
2 years ago

Issue of consent in sexual assault cases needs scrutiny: Delhi high court

Hindustan Times  

New Delhi: The issue of consent needs close scrutiny by constitutional courts for analysis of any sexual assault offences, the Delhi high court said on Monday while upholding the exoneration of a man for allegedly raping a married woman for 12 years and having two children with her. The Delhi high court said the issue of consent needs scrutiny by …

Judge dismisses woman’s sexual assault complaint as she wore ‘provocative clothes’
2 years, 7 months ago

Judge dismisses woman’s sexual assault complaint as she wore ‘provocative clothes’

The Independent  

Sign up for the Independent Women email for the latest news, opinion and features Get the Independent Women email for free Get the Independent Women email for free SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A judge in southern India has sparked outrage by appearing to dismiss …

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict
2 years, 10 months ago

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict

The Hindu  

A petition was filed in the Supreme Court appealing against the Delhi High Court’s split verdict in the marital rape case. The judges of the High Court has differed on the cardinal issue whether men can face the charge of rape for forcing themselves on their wives. While Justice Shakdher, who headed the High Court Bench, favoured striking down the …

India marital rape: Delhi high court’s split verdict sparks outrage after failing to outlaw colonial-era law
2 years, 10 months ago

India marital rape: Delhi high court’s split verdict sparks outrage after failing to outlaw colonial-era law

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy Women’s rights groups in India …

Marital rape case: Even sex workers can say 'no', but not married woman, says Delhi High Court judge
2 years, 10 months ago

Marital rape case: Even sex workers can say 'no', but not married woman, says Delhi High Court judge

Firstpost  

The right to withdraw consent at any given point in time forms the core of the woman’s right to life and liberty which encompasses her right to protect her physical and mental being, says Justice Shakdher New Delhi: Justice Rajiv Shakdher of the Delhi High Court Wednesday ruled in favour of criminalising marital rape and said the continuance of this …

Marital Rape: Sexual Autonomy of Women Non-compromisable, Says Justice Hari Shankar
2 years, 10 months ago

Marital Rape: Sexual Autonomy of Women Non-compromisable, Says Justice Hari Shankar

News 18  

Sexual autonomy of women is non-compromisable and females are equal to men in every way that matters, Justice C Hari Shankar of the Delhi High Court said on Wednesday. The issue of criminalisation of marital rape witnessed a split verdict from a division bench of the high court with Justice Rajiv Shakdher favouring striking down the exception in law which …

Delhi High Court to pronounce verdict on pleas seeking criminalisation of marital rape today
2 years, 10 months ago

Delhi High Court to pronounce verdict on pleas seeking criminalisation of marital rape today

Firstpost  

The Delhi Court had on 21 February reserved its judgement on the petitions seeking to strike down the exception granted to husbands under the Indian rape law after conducting marathon hearings on the issue New Delhi: The Delhi High Court is scheduled to pronounce its verdict on a batch of pleas seeking the criminalisation of marital rape. A bench of …

Marital Rape: Delhi High Court Reserves Judgment In Petitions Challenging Exception To Sec. 375 IPC
3 years, 1 month ago

Marital Rape: Delhi High Court Reserves Judgment In Petitions Challenging Exception To Sec. 375 IPC

Live Law  

The Delhi High Court on Monday reserved it's judgment in a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape. Accordingly, in the affidavit, Centre stated that: "It is respectfully reiterated that if the matter which is pending …

Intercourse in Marriage Can't Be Labelled Rape, Wife Cannot Seek Specific Punishment to Satisfy Ego: Delhi HC Told
3 years, 2 months ago

Intercourse in Marriage Can't Be Labelled Rape, Wife Cannot Seek Specific Punishment to Satisfy Ego: Delhi HC Told

News 18  

Sexual intercourse between husband and wife cannot be labelled rape and at worst such an act of wrongdoing can be called sexual abuse, and a wife cannot compel the prescription of a particular punishment against her husband to satisfy her ego, an intervenor said in the Delhi High Court on Tuesday. Counsel for the intervenor NGO, Hriday, told the court, …

Indian court acquits prominent journalist of rape charge
3 years, 10 months ago

Indian court acquits prominent journalist of rape charge

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy An Indian trial court on …

Himachal Pradesh HC refuses bail for rape accused, says some men fail to understand when a girl says ‘no’
3 years, 10 months ago

Himachal Pradesh HC refuses bail for rape accused, says some men fail to understand when a girl says ‘no’

The Hindu  

“No means no — the simplest of sentences has become the most difficult for some men to understand,” was the observation made by Himachal Pradesh High Court as it rejected a bail plea of a rape accused on Wednesday. The incident took place in Rajgarh area of district Solan in Himachal Pradesh on December 17, and the accused later approached …

Backlash over Indian chief justice’s suggestion that a rapist ‘marry his victim’
4 years ago

Backlash over Indian chief justice’s suggestion that a rapist ‘marry his victim’

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy Sharad A Bobde, chief justice …

Fixing A Flawed Interpretation Of "Consent" For Sexual Offences In India
4 years, 6 months ago

Fixing A Flawed Interpretation Of "Consent" For Sexual Offences In India

Live Law  

A Kerala High Court judgement in June 2020 defined consent to construe an elevated standard of affirmative consent. Explanation 2 appended to section 375 of the Indian Penal Code defines consent as "an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act". In …

Delhi HC acquits man accused of rape under 'promise of marriage' pretext
5 years, 5 months ago

Delhi HC acquits man accused of rape under 'promise of marriage' pretext

Op India  

The Delhi High Court has ruled that an intimate relationship involving sexual activity over a significant duration of time cannot be said to be induced by the promise of marriage merely because it was asserted that the other party had expressed their intention of getting married. Jilting a lover, however, abhorrent that it may seem to some, is also not …

Marital Rape Hearing-Marriage Does Not Mean That Wife Should Always Be Willing To Engage In Sexual Relations: Delhi HC
6 years, 8 months ago

Marital Rape Hearing-Marriage Does Not Mean That Wife Should Always Be Willing To Engage In Sexual Relations: Delhi HC

Live Law  

Hearing petitions demanding criminalisation of marital rape, the Delhi High Court on Tuesday reportedly asserted that marriage does not mean that the wife should always be willing to consent to have physical relations with her husband.The observation was made by a Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar, on a Petition by the RIT Foundation, …

SC Rejects Victim's Plea Against Acquittal Of 'Peepli Live' Director Mahmood Farooqui In Rape Case
7 years, 2 months ago

SC Rejects Victim's Plea Against Acquittal Of 'Peepli Live' Director Mahmood Farooqui In Rape Case

Live Law  

The Supreme Bench of Justice S. A. Bobde and Justice L. Nageswara Rao, on Friday, refused to admit the Special Leave Petition arising out of the judgement of the Delhi High Court dated September 25, 2017, acquitting popular Hindi film Peepli Live’s co-director Mahmood Farooqui from the charges of raping an American research scholar. Thereupon, Grover referred the bench to …

SC Rejects Victim's Plea Against Acquittal Of 'Peepli Live' Director Mahmood Farooqui In Rape Case
7 years, 2 months ago

SC Rejects Victim's Plea Against Acquittal Of 'Peepli Live' Director Mahmood Farooqui In Rape Case

Live Law  

The Supreme Bench of Justice S. A. Bobde and Justice L. Nageswara Rao, on Friday, refused to admit the Special Leave Petition arising out of the judgement of the Delhi High Court dated September 25, 2017, acquitting popular Hindi film Peepli Live’s co-director Mahmood Farooqui from the charges of raping an American research scholar. Thereupon, Grover referred the bench to …

Victim's silence regarding rape cannot be taken as proof of consent, says Delhi High Court
7 years, 5 months ago

Victim's silence regarding rape cannot be taken as proof of consent, says Delhi High Court

Firstpost  

The silence of a rape victim cannot be taken as proof of consent for sexual relations, the Delhi High Court has observed. New Delhi: The silence of a rape victim cannot be taken as proof of consent for sexual relations, the Delhi High Court has observed while upholding a man’s 10-year jail term for raping a pregnant woman. “The defence …

The terms of consent: on the Farooqui verdict
7 years, 5 months ago

The terms of consent: on the Farooqui verdict

The Hindu  

The recent judgment of the Delhi High Court in the case of Mahmood Farooqui v. State is a stark illustration of the law’s resistance to change. The 2013 amendments defined consent as “an unequivocal voluntary agreement when a woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act.” Absence …

Farooqui acquitted in rape case: Delhi High Court's 'shoddy' reasoning of consent is confused and dangerously absurd
7 years, 6 months ago

Farooqui acquitted in rape case: Delhi High Court's 'shoddy' reasoning of consent is confused and dangerously absurd

Firstpost  

This Monday, the Delhi High Court acquitted Mahmood Farooqui of raping a Columbia University researcher in 2015, reversing the lower court’s decision. Flawed understanding of consent The crux of the judgment lies in its last conclusion: that the prosecutrix’s lack of consent was not communicated to Farooqui, or at least, “it is not known whether he has been communicated that …

Delhi HC acquits Mahmood Farooqui in rape case, says consent does not merely mean hesitation
7 years, 6 months ago

Delhi HC acquits Mahmood Farooqui in rape case, says consent does not merely mean hesitation

Firstpost  

Consent to any sexual advances does not come from a mere hesitation, the Delhi HC on Tuesday said while acquitting filmmaker Mahmood Farooqui in a rape case. New Delhi: Consent to any sexual advances does not come from a mere hesitation, reluctance or a “no”, it has to be “an affirmative one in clear terms”, the Delhi High Court on …

Marital rape: SC to hear plea to criminalise it
7 years, 6 months ago

Marital rape: SC to hear plea to criminalise it

ABP News  

New Delhi, Sep 6 : The Supreme Court on Wednesday will hear a plea filed by an NGO seeking to make marital rape a criminal offence. The HC then asked the parties before it to find out if the issues raised before it in the petitions seeking to make marital rape an offence are similar to those being heard by …

Men’s Group Supports Plea Against Marital Rape; Delhi HC Allows Impleadment [Read Application]
7 years, 6 months ago

Men’s Group Supports Plea Against Marital Rape; Delhi HC Allows Impleadment [Read Application]

Live Law  

Displaying solidarity against marital rape, a men’s group has submitted its application in support of the Petitioners before the Delhi High Court, in the quest for criminalization of marital rape. They have been impleaded in the case.The Forum to Engage Men contends that setting aside the exception to Section 375 of the Indian Penal Code would amount to “sending a …

Girl Voluntarily Accompanying A Known Person Doesn’t Mean She Consents To Have Sex With Him: Himachal Pradesh HC [Read Judgment]
8 years ago

Girl Voluntarily Accompanying A Known Person Doesn’t Mean She Consents To Have Sex With Him: Himachal Pradesh HC [Read Judgment]

Live Law  

Instead of criticising the prosecutrix, the learned trial judge should have taken into consideration such unbecoming behaviour of the said accused, the court observed.Convicting nine persons accused of raping a girl, the Himachal Pradesh High Court has observed that a girl voluntarily accompanying a known person does not imply that she was a consenting party to have sexual intercourse with. …

Marital rape 'cannot be applied in the Indian context', says country's minister for women
9 years ago

Marital rape 'cannot be applied in the Indian context', says country's minister for women

The Independent  

Sign up for the Independent Women email for the latest news, opinion and features Get the Independent Women email for free Get the Independent Women email for free SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy The Indian government has said the concept of marital rape “cannot be …

Woman consent obtained by deceit amounts to rape Delhi Court
9 years, 4 months ago

Woman consent obtained by deceit amounts to rape Delhi Court

India TV News  

New Delhi: A woman's consent taken on the basis of deception and misconception is “no consent” in the eyes of law and the physical relations established between her and a man amounts to rape, a Delhi court has said. The court, while holding a man guilty of raping a woman, said the consent given by the victim for cohabitation was …

A carriage of injustice
9 years, 9 months ago

A carriage of injustice

The Hindu  

Verma Committee report that came out in light of the Delhi rape case in late 2012 took us a few steps ahead in the conversation on rape. However, the >recent judgment of the Madras High Court raises serious concerns on how the crime of rape is perceived by the judiciary. A single judge Bench of the High Court has granted …

Courts or Khaps? How Bias Make Judges ‘Lenient’ in Rape Cases
9 years, 9 months ago

Courts or Khaps? How Bias Make Judges ‘Lenient’ in Rape Cases

The Quint  

One isn’t talking about that strain of misogyny which leads judges to distrust rape victims and lay down onerous standards for proving that they had not consented to sex. Her injuries don’t prove that she “fought like a wild animal”, her injuries aren’t that grave to prove that although she had resisted initially, midway through the act she was indeed …

Forced marital sex okay for 65% men: study
10 years, 10 months ago

Forced marital sex okay for 65% men: study

Deccan Chronicle  

Hyderabad: A recent study in the city revealed that 65 per cent of married men in the age group of 35 to 55 years think that forced intimacy is their right and it is okay if their wives do not give consent. The study also stated that about 60 per cent of women had been forced by their husbands into …

Delhi judge says, false cases behind tag of rape capital
11 years, 8 months ago

Delhi judge says, false cases behind tag of rape capital

India TV News  

New Delhi, Jul 27: False cases are the reasons behind labelling of Delhi as ‘rape capital', a court here has held while acquitting a 75-year-old man of the charge of sexually assaulting his maid after the woman turned hostile. The court said after the December 16 gangrape of a 23-year-old girl in a moving bus here, it lead to the …

Wanted: Gender-just rape laws
12 years ago

Wanted: Gender-just rape laws

The Hindu  

Demanding gender-just, sensitive and not just gender-neutral rape laws, women rights groups have noted that the report of the Parliamentary Standing Committee on the 2012 Criminal Law Bill as well as the 2013 Criminal Law Ordinance not only violates the letter and spirit of the Justice Verma Committee’s recommendations but also endangers and deepens women’s vulnerability in this country. All-India …

Supreme Court norms on rape not strictly followed, say experts
12 years, 2 months ago

Supreme Court norms on rape not strictly followed, say experts

Firstpost  

Some Delhi-based prominent women lawyers said while the degree of sensitivity in dealing with rape cases varies in different trial courts in the capital, the scenario is precarious in small towns. New Delhi: Eighteen years ago the Supreme Court had laid down guidelines for trial courts for dealing with rape cases in a “sensitive manner” but experts say the norms …

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