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Tuesday, December 30, 2014

pre-maeital sex not shocking every breach of promise is not rape.: BOMBAY HIGH COURT

Pre-marital sex is sexual activity practiced by persons who are unmarried. Historically considered taboo in many cultures and considered a sin in numerous religions, it has become more commonly accepted in developed countries in the last few decades. A 2014 Pew study on global morality found that premarital sex was considered unacceptable in "predominantly Muslim nations" such as IndonesiaJordanPakistan and Egypt, each having over 90% disapproval, while many Western European nations were the most accepting, with SpainGermany and France having less than 10% disapproval.

MUMBAI: In one of the most significant verdicts delivered in 2014, the Bombay high court has ruled that every breach of promise to marry is not rape and premarital sex between couples is no longer shocking in India's big cities. This comes as a ray of hope as our judicial system seems to be acknowledging and adapting with the changing dynamics of relationships in our society.
The observations came earlier this year during the hearing of an anticipatory bail application filed by a Nashik resident, Rahul Patil, who was booked on charges of cheating and rape following a complaint filed by his former girlfriend Seema Deshmukh.
"Nowadays keeping (a) sexual relationship while having an affair or before marriage is not shocking as it was earlier. A couple may decide to experience sex. Today especially in metros like Mumbai and Pune, society is becoming more and more permissive," said Justice Mridula Bhatkar, adding, "Though unlike western countries, we have social taboo... the court cannot be oblivious to a fact of changing behavioural norms and patterns between man and woman relationship in society."
"Today the law acknowledges live-in relationship(s). The law also acknowledges a woman's right to have sex, a woman's right to be a mother or a woman's right to say no to motherhood. Thus, having sexual relationship with a man whether is her conscious decision or not is to be tested independently depending on the facts and circumstances... and no straightjacket formula or any kind of labelling can be adopted," the judge said.
"A couple in love may be having sexual relationship and realize they are not compatible, and sometimes love between the parties is lost and their relationship dries gradually, then earlier physical contacts cannot be said as rape. A marriage cannot be imposed," said the judge.

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