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Need for specific law to tackle cases of ‘sex on pretext of marriage’, says Allahabad High Court

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Need for specific law to tackle cases of 'sex on pretext of marriage', says Allahabad High Court

The Allahabad High Court has said that there is a need for a specific law in cases where the consent of a woman is obtained for sex on the pretext of marriage. Justice Pradeep Kumar Srivastava observed, “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.” On Tuesday, the high court justice made the remark while rejecting the bail plea of a man Harshvardhan Yadav from Kanpur in connection with an alleged rape case, according to a report in Times of India. The man is accused of forcefully having sex with a woman on the pretext of marriage.

The court further said that a false promise of marriage with malafide intentions has become a trend and convinced the accused that he will escape the law and punishment in such cases. “For a major woman in our society, the promise of marriage is a great allurement and they are trapped in a situation which results in their sexual abuse and subjugation and exploitation,” the report further quoted from the court’s observation.

According to the court, till a law is enacted in this regard, the court should continue giving protection to women who became victim on account of the false promise of marriage. The accused Harshvardhan had filed an appeal against his bail rejection by a lower court in a case against him filed under Section 376 (rape) of Indian Penal Code (IPC) and Section 3(2)5 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The victim is a police constable and is a Dalit.

News Source : TOI

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