In a significant decision, the Allahabad high court has said that sexual intercourse with a woman on the false promise of marriage is rape and stressed on the need for making law to deal with such cases.
A single bench comprising justice Pradeep Kumar Srivastava made the observation while denying bail to a man, who is accused of raping a woman on the false promise of marriage and was later arrested after a case was lodged against him in Uttar Pradesh's Kanpur town.
''Rape is considered as the most physically and morally reprehensible crime in a society and has a long lasting effect on the mind of victims...sexual intercourse with the victim on the pretext of false promise to marry is, and ought to be an offence of rape under the penal provisions,'' the court said.
Read: SC declines plea by Kerala rape survivor to marry her tormentor
''It is becoming a phenomenon that the accused makes a false promise of marriage with the mala fide intention to deceive the victim... these cases are increasing day by day as the accused persons believe that they will escape from the criminal liability and punishment by taking advantage of law,'' it said further.
The court said that it is ''necessary for the legislature to provide a clear and specific legal framework to deal with the cases where the accused obtained consent for sexual intercourse on the false promise of marriage''.
''But till such a law is enacted, the court should take into consideration the social reality and reality of human life and continue giving protection to such women who have suffered on account of false promises of marriage unless there is prolonged relationship which raises a strong inference of consensual sex'' it added.
''Obtaining consent for sexual relationship by false promise of marriage should be termed as consent given under misconception of fact and must amount to rape,'' it said.
''The court cannot remain a silent spectator and give license to those who are trying to exploit innocent girls and have sexual intercourse with them on the pretext of a false promise of marriage....this feudal mindset and male chauvinism that women are nothing but an object of enjoyment is required to be rigorously addressed and strictly dealt with in order to create a healthier society and to increase a sense of security and protection in the mind of women,'' the court said.