Court Questions Criminalisation of Consensual Relationships
The top court made the observation while hearing a petition in which a woman accused a man—her live-in partner—of rape and assault on the alleged false promise of marriage.
Justice B. V. Nagarathna questioned how a consensual relationship could later translate into allegations of sexual assault, underlining the distinction between marriage and live-in arrangements.
‘Where Is the Question of Offence?’
Raising critical questions, Justice Nagarathna said: “This is a live-in relationship. She went on to have a child with the man without marriage, and now she is saying rape and assault. What is this?”
“Where is the question of offence when there is a consensual relationship?”
The judge acknowledged that such remarks are often seen as “victim-shaming” but emphasised the legal complexities involved.
‘Vagaries of Relationships Outside Marriage’
Highlighting patterns seen in similar cases, the court observed: “For years, they lived together. When they split up, the lady files a complaint against the man for sexual assault. These are all the vagaries of relationships outside marriage.”
Petitioner’s Claims and Court’s Response
The petitioner’s counsel argued that the accused had met the woman when she was 18 and had allegedly promised to marry her.
The counsel also claimed the woman was unaware that the man already had four wives.
Justice Nagarathna, however, questioned why the complainant chose to continue the relationship and have a child without marriage, despite such circumstances.
Maintenance Possible, Not Criminal Case
The court indicated that while the woman may seek maintenance for the child, the breakdown of a live-in relationship alone cannot be treated as grounds for a criminal offence like rape.