An archaic view of adult relationships

The Bharatiya Nyaya Sanhita (BNS), which came into force on July 1, represents one of the most significant legal initiatives since Independence. However, the introduction of this law is marked by controversy. One of the most contentious aspects of the BNS is its replacement of the sedition law with provisions that many legal experts argue are far more draconian. Under these new laws, a comment on social media against the government could be construed as anti-national, potentially leading to arrest. This broad and vague definition of anti-State activities poses a significant threat to free speech and civil liberties, as it allows the State to target dissent and criticism with alarming ease.

The BNS includes highly problematic provisions on man-woman relationships too. Section 69 stipulates that a man who promises marriage to a woman and engages in a sexual relationship with her but eventually breaks up with her can face up to 10 years in prison with or without a fine. This law overlooks the complexities of modern relationships and imposes an archaic and punitive framework on consensual adult interactions. Under the now-defunct IPC, a man could be punished if he did not disclose his true identity or marital status before establishing a relationship. The BNS goes further, effectively criminalising the dissolution of a relationship if a promise of marriage was made. In today's society, where live-in relationships and consensual relationships are increasingly accepted and legally recognised, such a provision is regressive. It disregards the reality that not all relationships lead to marriage, and that both parties should have the freedom to end a relationship if it proves incompatible.

The BNS's approach risks creating a legal environment where men are coerced into marriages against their will, or worse, face severe legal consequences for choosing to end a relationship. Relationships should be based on mutual consent and compatibility, not legal compulsion. The new law's failure to account for the evolving dynamics of man-woman relationships is a glaring oversight. The BNS allows any woman whose relationship sours before marriage to accuse the man of deceit and send him to jail, which could lead to misuse and unjust punishment. Both men and women should have the right to leave a relationship that does not work for them without any fear of severe legal repercussions. The new law must be revisited and revised to ensure that it protects civil liberties, reflects modern societal norms, and upholds the principles of justice and equality. Only then can the BNS serve citizens in a fair and just manner.