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Educated girl should take the responsibility of pre-marital sex, can’t cry rape after breakup – High Court

Mumbai: Bombay High Court while accepting the anticipatory bail petition of 21-year-old boy against whom an alleged rape case was filed, passed remarks that an educated girl can’t cry rape if ditched by her boyfriend.

Justice Mridula Bhatkar held that an educated girl who consented to have pre-marital sex should accept the responsibility for making such a decision.

According to the news reported in TOI, “In the event of consent obtained by fraud, inducement is a necessary ingredient. There should be some material on record to believe prima facie that the girl was induced to such an extent that she was ready to have sexual intercourse. Promise to marry cannot be said to be an inducement in these types of cases,” said Justice Bhatkar.

It is also reported that the judge said, “Since generations, there is a moral taboo that it is the responsibility of a woman to be a virgin at the time of marriage. However, today, the young generation is exposed to different interactions with each other and is well informed about sexual activities. Society is trying to be liberated but carries baggage of different notions of morality wherein sex before marriage is a matter of censure. Under such circumstances, a woman who is in love with a boy forgets that to have sex is her option like her counterpart’s but refuses to take responsibility for her decision.”

The court observed that the increasing trends of criminal prosecutions for rape case are generally initiated after the breakup of relationships.

The judge also cited the previous judgment wherein it was stated that when a woman is an adult and educated, she should know the consequences of a pre-marital sex.