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Wrong interpretation of social and judicial laws
The Supreme Court on 27 June, 2014, asked the question which had rankled the Delhi High Court last year - can a failed consensual relationship between adults lead to filing of rape charges against the man? The Supreme Court was referring to a case involving a broken unfruitful relationship between a married male with two children and an aspirant woman, both highly educated and both adults.

The one liner answer to this is - no and never, never in any circumstances. Adultery may be a socio-religious sin but first of all it involves both genders and moreover, the rape charges cannot be put in any consensual relationship. Rape charges can be put only if prior to actual sex and before insertion one of the partners refuses to have it. 

Under no circumstances any consensual sex, including that with minor, can be technically termed as 'rape' even though as per established Indian laws sex with minor can be termed as rape. Rape is applied only in those situations when some kind of force is applied by one party.

Sure, it does not mean that females cannot complaint about abuse and exploitation in a relationship acceptable as per social norms or even outside it. But broken consensual sexual relationship can never be labelled as rape. This is particularly true about relationship involving two agreeing adults.

After all as it is well said in Sanskrit, sex is 'sambhoga': equal participation, equal enjoyment. Sure, even biological realities can make sex as somewhat asymmetric and in majority of the cases males may enjoy it more than their heterosexual partners. Moreover, Sanskrit texts are not excessively concerned about the right of any individual and they may not put any lower age limit on the partners indulging in sex but still heterosexual sex is mostly enjoyed by both the partners. This is mostly a biological reality. Why blame one for that and put many times unnecessary charges about exploitation?

If females complain about males doing sex outside marriage as abuse and exploitation then first of all why do they indulge in it? Don't they read newspapers, watch television and interact with others? If not they are to be blamed for their plight but if yes then they are equally to be blamed. If sex outside marriage is a taboo and only men enjoy it then why do females indulge in relationships outside marriage?

Please don't think that I am ignoring a grave reality that many females are abused and exploited in India over fake promises of future marriage and I have full sympathy with them though I won't term any of those females as entirely innocent. But plaintiff in the case being heard in the apex court is a former air-hostess in an international airway and as per defendant he told her that he was married and he had two children with his wife. Can't the air-hostess understand this complexity and would she claim that only defendant used to enjoy sex? No aware person should buy her arguments.

But as I have pointed out there should be some protection to fairer gender from the judiciary and possibly from the society as well regarding broken promises. However, role of state in India has its limits and it should rightly have ones. Two adults are indulging in consensual sexual relationship, now considering India to be decent, free and fair Asian society how much its courts can intervene in that transaction which is mostly outside their domain? 

I don't advocate intrusion of judiciary into private matters involving adults but I would say that when it becomes prima facie case of cheating, fraud, abuse and exploitation then the accused should be punished. I think he and she should be punished heavily so that they serve as examples to others.

But then Indian judiciary should also understand that it should not make such laws and should not give such rulings which may make males feel discriminated. The first step in this regard should be the recognition that like males, females too require sex and they enjoy it as well. All should understand therefore, that mere happening of sex is no criterion to judge a male as an accused and term him guilty.  

India is a land of contradictions and anomalies. Here millions of cases remain pending before the judiciary and most of the rape cases remain unresolved and the guilty is rarely punished. But in the same land the apex court is hearing a petition of a plaintiff putting rape charge on her male partner in a consensual relationship which involved two highly educated and well placed adults. But then this is a good thing as elitism in India helps the whole spectrum of society, including the underclass and foreign investors.

There is no escape from morphed form of caste prejudices and biases. This appears to be the case at least at this moment of time. Please don't misinterpret that I am calling one of them to be of lower caste. What I am saying that most likely they are both born upper caste people and also upper class by their positions and that is why their case attract so much attention from all of us. 

Hearing such cases on priority basis is a good thing and I am not criticizing honorable court as ruling over this case can affect us, one and all.  I tell you, if there were different rules for different people at different levels in India then the arguments over whether sex is a sin or enjoyment in India should be over by this time. From my point of view sex is mostly enjoyment for both males and females. However, at the same time the courts must protect the interests of vulnerable among the middle classes and underclass.

If one follows my argument then there is no merit in plaintiff's complaint. The apex court should give differential ruling so that elites' arguments and general public's arguments both stand ground. As much as brains and bodies permit and as per one's status, those should be the norms by the apex court while giving verdicts on cases which can have disproportionately huge ramification for all of us.

Editorial NOTE: This article is categorized under Opinion Section. The views expressed in this article are solely those of the author and do not necessarily represent the views of merinews.com. In case you have a opposing view, please click here to share the same in the comments section.
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