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14-Mar-2015 12:47

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In India, though, the “breach of promise to marry” and “rape by deception” are legal categories that come seamlessly together, because sexuality is yoked to marriage, and any other expression of it is seen as a matter of shame and social ruin for the woman.The police are often eager to file these FIRs, explains Satish as “they reflect patriarchal ideas of the value of marriage, and these cases are relatively easy to investigate, since the man does not deny that the act occurred.” But while the media makes much of these cases, like those of film director Madhur Bhandarkar or Union minister Sadananda Gowda’s son Kartik, and assume that ordinary jiltings are regularly treated as rape, the courts are increasingly unlikely to punish a man for a consensual relationship.“Under Section 90 of the IPC, consent given under a misconception of fact is tainted consent,” says Suneita Ojha, a lawyer who works on family law.

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A rape charge hinges on the absence of free and informed consent.“When the cases result in acquittals, it feeds the entire rhetoric about women filing false cases out of spite,” says Satish.