Criminalizing Breakups in India- Protecting Women from Sexual Exploitation raises an Eyebrows

Sexual abuse cases have been dominant topics in India, the law has caught with the menace to make men criminally liable for up 10years in prison who reneged from their promise of marriage to have sex with women. The veracity of the effectiveness of the law to curtail the widespread of sexual abuse might tilt towards criminalizing breakups which raises an eyebrows.

In July Prime Minister  Narendra Modi introduced new criminal code replacing colonial government penal code which has spanned for more than a century and half. Section 69 of the code criminalizes sex with a woman “by making a promise to marry (her) without any intention of” doing so, or by “deceitful means”. The law antagonises men who deceitfully lure women with marriage just to sleep with them under the thin disguise of marriage.

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The pressing issue is how to establish intention to marry, it is understood that the law has shifted the burden to the victim who alleged the claim. The implication is far and wide, and may be the new criminal code failed to take cognizance of evolved human society. Where parties in relationships agree to have consensual sex and unfortunately for them they break up, the legal standpoint of the party who alleged promise to marry having been broken may seek to rely on section 69 to give effect to the provision, the court will take notice of the circumstances surrounding the relationships to apply provision of the statute.

The provision of the statute put arranged marriage, premarital sex and relationships in viewpoint each having its traditionally recognised significance in India. Placing them side by side with the novelty law. In the past the Supreme Court of India has been unstable in interpreting “promise of marriage”. In India significant emphasis are laid on female virginity, and vast majority of the country still consider premarital sex and extramarital sex forbidden, as anything contrary to these may limit the chances of a woman or prove difficult to assure marriage.

The outcome of the law in patriarchal society such as India, which does not necessarily consider men and women on equal footing, may shift the narrative of the new law to empowering women to match their “domestic aggressors” and give them new wing to fly. The applicability of the new law will determine how it tends live its usefulness to curb sexual exploitation under thin disguise of “promise of marriage”.