Consensual Physical Relations Do Not Amount to Rape: Bombay HC

Bombay High Court said an educated woman is mature enough to understand the consequences of having physical relations

Published
Hot News
1 min read


Bombay High Court said an educated woman is mature enough to understand the consequences of having physical relations. (Photo: iStockPhoto)

An educated woman is mature enough to understand the consequences of having physical relations with her partner and such cases will not fall under the ambit of rape, the Bombay High Court said on Thursday.

The high court granted anticipatory bail to a 25-year-old man.

Justice Mridula Bhatkar was hearing the anticipatory bail plea of a 25-year-old man from Solapur. The youth claimed that he was in a relationship with a 24-year-old woman from Mumbai who lodged an FIR against him in October last with the suburban Goregaon police on charges of rape, cheating and criminal intimidation when he broke up with her.

According to the woman’s lawyer, Aniket Nikam, the couple met in March 2015 and fell in love.

The boy on the false pretext of marriage forced the girl into a physical relation. When the girl conceived in May 2015, the boy forced her to get an abortion and later ended all relations with her.
Aniket Nikam, Lawyer

The court was, however, of a different view and said.

In such matters I am of the view that it is consensual and hence, bail should be granted. I know our society has certain taboos. But if you consider western culture then this is consensual. This is not rape. When the woman is educated and mature she can say no. When you (girl) say yes then it becomes mutual.
Justice Mridula Bhatkar

The court while granting the man bail on a surety of Rs 25,000 directed him to not contact the girl or harass her or her family members in any manner.

(The Quint is available on Telegram. For handpicked stories every day, subscribe to us on Telegram)

Stay Updated

Subscribe To Our Daily Newsletter And Get News Delivered Straight To Your Inbox.

Join over 120,000 subscribers!