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Clear and specific legal framework needed for cases involving 'sex on false promise of marriage': Allahabad High Court
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By - Sameeksha Negi*
The Allahabad High court has recently rendered a major verdict in
rape case. The court held that having sexual relationship with another person
by falsely promising marriage will be considered as an offence of rape under
the Indian Penal Code.
A single judge bench of Justice Pradeep Kumar Srivastva observed
that the mindset of males that women are nothing but an object for sex is
required to be addressed rigorously and strictly so that a safe environment can
be created for women in which they feel sense of security.
It was also observed that making false promise of marriage with the mala fide intention in order to deceive the victim was becoming a phenomenon and it is believed by the accused that they will escape from the criminal liability. Marriage is a big and important relationship among the majority of the female population in the nation and women often easily fall prey to these conditions, which result in their sexual harassment.
In this case, the victim, who is a police constable was called by the accused in a hotel to finalize their marriage and prepare documents for the same, however he raped her in the room. The same day she lodged an FIR, currently the accused is in jail and has filed a criminal appeal against the rejection of his bail application by the lower court.
The court has expressed concern over the increasing number of sexual harassment cases among women and have also given direction to the legislature to create a special legal framework to deal with such cases.
*Sameeksha Negi has completed LL.M. from IMS Unison University, Dehradun this year.
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