International Journal of Applied Research
Vol. 1, Issue 4, Part C (2015)
The concept of ‘Rape’: Views and counterviews
Pramod Kumar Singh, Rajiv Kumar Singh, Tanya Singh
The lodging on FIR by Dy. S.P. Kaimur (Bihar) against her S.P. alleging rape on false promise of marriage and also another incident, whereby an assistant Professor of JNU lodged FIR against her research scholar for refusing to marry breaching his promise after physical relations, have aroused a heated debate among all. ‘Rape’ or ‘Sexual assault’ is one of the most serious crimes against individual and society. ‘Rape’ is usually known as the ravishment of women, with or without, her consent, having by force or fear or fraud, or the carnal exploitation of a woman. ‘Consent’ is one of most important ingredients of sexual exploitation. If a girl of tender age gives consent on being misled by the accused, then it is not a valid consent. Even a woman of easy virtue or a prostitute cannot be subjected to sexual inter course against her wishes because a woman is not a vunerable object to be exploited by everyone and anyone. ‘Consent’ given by a minor girl cannot be treated as a valid consent as she does not have the understanding of wrong done with her. Likewise, a mentally retarded girl cannot give her consent as she cannot distinguished between the right and the wrong and also did not understand the moral quality of the act. Conflicting opinion on the point of ‘consent’ is creating serious confusion in the mind of all concerned. Andhra Pradesh High Court has ruled that in case a girl has given consent on a false promise of marriage, then it would not be a valid consent. But Hon’ble Calcutta High Court and Bombay High Court has given a contrary opinion on the point. So, a concrete judicial opinion on the point is urgently needed, It would really be travesty of justice if the plea of rape of such educated and major woman is accepted who voluntarily enters into sex then cry of rape.
How to cite this article:
Pramod Kumar Singh, Rajiv Kumar Singh, Tanya Singh. The concept of ‘Rape’: Views and counterviews. International Journal of Applied Research. 2015; 1(4): 105-107.