'Woman Not Prosecuted If She Tricks Man With False Promise Of Marriage': Kerala High Court Says Rape Should Be Gender-Neutral Offence

Hannah M Varghese

2 Jun 2022 2:50 AM GMT

  • Woman Not Prosecuted If She Tricks Man With False Promise Of Marriage: Kerala High Court Says Rape Should Be Gender-Neutral Offence

    In a noteworthy development, the Kerala High Court orally remarked that the offence of rape should be made gender-neutral while adjudicating upon a matrimonial dispute moved by a divorced couple over custody of their child. Justice A Muhamed Mustaque made the observation when during the course of the case when the party brought up the fact that the husband in the case had once been accused in...

    In a noteworthy development, the Kerala High Court orally remarked that the offence of rape should be made gender-neutral while adjudicating upon a matrimonial dispute moved by a divorced couple over custody of their child. 

    Justice A Muhamed Mustaque made the observation when during the course of the case when the party brought up the fact that the husband in the case had once been accused in a rape case. However, the husband's counsel argued that he was currently released on bail and that the said allegation was based on unsubstantiated accusations of sex under a false promise of marriage.

    At this juncture, the Court made an oral remark on his concern about Section 376 (punishment for rape) of the Indian Penal Code not being gender-neutral.

    "Section 376 is not a gender-neutral provision. If a woman tricks a man under false promise of marriage, she can't be prosecuted. But a man can be prosecuted for the same offence. What kind of law is this? It should be gender-neutral" 

    Notably, Justice Mustaque while delivering another judgment earlier this year had also hinted that the statutory provisions of the offence of rape in the IPC were not gender-neutral.

    "It is to be remembered that the statutory provisions of the offence of rape as understood in the Indian Penal Code, is not gender-neutral. A woman, on a false promise of marrying and having a sexual relationship with a man, with the consent of the latter obtained on such false promise, cannot be punished for rape. However, a man on a false promise of marrying a woman and having a sexual relationship with the woman would lead to the prosecution's case of rape." 

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