Bombay HC Rejects Bail To Convict Who Raped A Minor, Citing That Even A Woman With ‘Easy Virtue’ Has The Right To Say No

The Logical Indian Crew Maharashtra

September 27th, 2017 / 4:01 PM

Easy Virtue

Courtesy: Live Law | Image Credit: The Indian Express

In an order dated September 21, the Bombay High Court rejected an application filed by an accused convicted of rape under the Protection of Children from Sexual Offences (POSCO) Act and Section 506 of the Indian Penal Code (IPC), citing, “A woman may be having easy virtue but that does not mean that all and sundry can take advantage of this fact. She has right to say no.”

The court sentenced the convict to 10 years imprisonment, in addition to Rs 2,500 fine for raping the minor girl.


Background

The girl’s mother had deserted her and her father, therefore, she was left at the mercy of her aunt. The convict was her uncle and had committed penetrative sexual assault on her repeatedly.

The convict’s lawyer argued that after the alleged crime, the girl was taken to a shelter home where she did not disclose the incident of rape on her. He added that she had two boyfriends with who she had sexual relations.

He concluded by arguing that the convict was the sole earning member of the family, thus needs to be released on bail.


Verdict

“A woman may be having easy virtue but that does not mean that all and sundry can take advantage of this fact. She has right to say no. Therefore, even if, it is assumed that the victim was having two boyfriends that does not empower the applicant to commit penetrative sexual assault on her. She had not attained consenting age,” the court observed, reported Live Law.

Refuting the argument that the convict was the only earning member of the family, the court also observed, Unavailability of earning particularly in the family is not a relevant consideration for suspension of sentence.”


The court’s usage of the words ‘easy virtue’ might be controversial because being involved in sexual relationships does not make one ‘immoral’. There is no ‘virtue’ that is good or bad because that benchmark can only be set on an individual level. However, the court’s judgment is commendable as it recognises the importance of a woman’s consent in sex.

This comes after the Delhi HC in a September 25 judgement said, “instances of woman behavior are not unknown that a feeble ‘no’ may mean a ‘yes’”.  


Also read:

Delhi HC Acquits Peepli Live Director Mahmood Farooqui Of Rape Charges, Citing A Feeble ‘No’ May Mean A ‘Yes’


Contributors

Written by :

Edited by :

Related Stories

Gurmeet Ram Rahim Parole

Haryana Police Recommends Rape & Murder Convict Ram Rahim For Parole Citing ‘Good Behaviour’

SC Grants Bail To Naroda Patiya Case Convict Babubhai Bajrangi On Health Grounds

SquatEase Toilets

SquatEase: 26-Year-Old Innovator’s Redesign Of Indian Toilet Makes It Easy To Use And Clean

Kartarpur Corridor

“Faith Corridor”: Easy Access For Indian Sikh Pilgrims To Revered Kartarpur Gurudwara In Pakistan

SC On Sex Workers

SC Says Even Sex Workers And Women With “Easy Virtue” Have A Right To Say No

Abhijit Iyer-Mitra

Satire On Konark Temple; SC Says ‘Your Comments Incite Religious Hatred’ & Rejects Journalist’s Bail Plea

Latest on The Logical Indian

News

To Revive India’s Economy, Finance Minister Announces Cheaper Loan, Relief For Investors

News

MCI Issues Notice To Uttar Pradesh University Over Ragging, Threatens To Restrict Admissions For One Year

My Social Responsibility

This WhatsApp Group Has Resolved 500+ Civic Issues Across Bengaluru – From Bumpy Roads To Faulty Drainage

News

Hyderabad: Ebiz Director, Son Who Lured Students For Profitable Business Arrested In 5000 Crore Fraud

Awareness

Earth’s Lungs Are Burning: Amazon Rainforest Which Contributes 20% Of Planet’s Oxygen Is On Fire

News

Southern Railways Receives Rs 50 Crore To Clear Dues, To Continue Housekeeping Services

x

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.