In a landmark legal development, men in India who break off promises of marriage after engaging in sexual relations could now face up to 10 years in prison.
This new legislation, part of Prime Minister Narendra Modi’s overhaul of India’s 164-year-old colonial-era penal code, aims to address a widespread yet often ignored form of sexual exploitation.
Under Section 69 of the new statute, it is now a criminal offense to have sex with a woman under the false pretense of marriage or by deceitful means, such as promising career advancement or using a fake identity.
The crime carries a penalty of up to 10 years’ imprisonment and a fine.
Although the law is new, the concept is not. Many women have previously brought cases to court accusing men of luring them into sexual relationships with the false promise of marriage.
Indian society, with its conservative attitudes towards sex and strong emphasis on female virginity, has seen such cases rise as women struggle to navigate the cultural and legal complexities surrounding premarital sex and marriage.
Audrey Dmello, director of Majlis Law, a women’s rights NGO, has voiced support for the new law, stating that it provides much-needed validation for women who have suffered under such deceitful circumstances.
“Having such a law gives women validity as to what happened to them,” Dmello said.
The new law attempts to resolve conflicting court rulings from past cases. For instance, in 2019, the Supreme Court of India ruled that a broken promise of marriage does not constitute rape unless the promise was made with no intention of fulfillment from the start.
In contrast, in another case the same year, the court upheld a rape conviction for a man who had promised marriage but later married someone else.
However, the law has sparked concerns about its application and potential misuse. Critics argue that it will be difficult to prove deceit and the intention to marry in court.
Legal expert Gopal Krishna pointed out, “How can one prove a person’s intention? In the real world, even if such a situation occurs, the accused would only tell his true intentions to his confidant, not the victim.”
Younger Indians, especially in urban areas, are also questioning the relevance of this law in modern times where attitudes towards relationships and premarital sex are becoming more progressive.
Nonetheless, advocates like Dmello believe the law is a step towards gender equality, shifting the burden from women to men in matters of sexual integrity. “The tables have turned now,” she asserted.
As this new law takes effect, its impact on Indian society and its ability to protect women from sexual exploitation will be closely watched.
