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The Supreme Court of India has ruled that a man or woman who refuses to marry after a long period of sexual intercourse with the promise of marriage still cannot be considered a rapist. The order was issued on Monday following a case involving two call center workers who had lived together for a long time, according to a Kolkata-based Anandabazar newspaper.
According to the case, the Anandabazar newspaper reported that two call center workers used to have sex with each other promising to marry. After being together for about 5 years, a tug of war developed between them and the relationship broke down. The young man later married another young woman. However, the young woman who was having sex brought a case against her for “rape with promise of marriage.”
The case was heard by a court of Chief Justice Bobde, Justice AS Bopanna and V Ramasubrahmanian. The judges said: “It is not okay to make false promises of marriage. No woman should break her marriage vows. However, this does not mean that sexual relations can be ruled out as rape on the basis of prolonged sexual relations and consent.
The young man’s lawyer, Viva Dutta Makhija, argued in court that if consensual sex was considered rape and someone was arrested for it, it could become a dangerous trend. On the contrary, the plaintiff’s lawyer, Aditya Basishta, replied that the young man had declared to the whole world that they lived as husband and wife and were married in a temple. But then he broke that promise and physically abused and financially exploited his client.
After the interrogation, the Supreme Court granted the young man a bond for six weeks. In 2016, the high court had almost the same observation in two similar cases. In those two cases, it was said that it was difficult to differentiate between consensual sex and rape if a woman voluntarily lived with a man as husband and wife.
The Supreme Court also noted in the case that there is a clear difference between rape and consensual sex.
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