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Analysis: Men to get 'justice' after an important decision of Supreme Court on live-in relationship

Thursday - January 3, 2019 3:34 pm , Category : WTN SPECIAL
Consent sexual intercourse in live-in relationship doesn’t consist under rape - SC
Consent sexual intercourse in live-in relationship doesn’t consist under rape - SC

Supreme Court: Consent sexual intercourse in live-in relationship doesn’t consist in category of rape

JAN 03 (WTN) - Moving slowly towards modernism, the live-in relationship in India is no longer a new phenomenon. It doesn’t matter whether there are big cities or small cities, everywhere you can find couples living in live-in relationships. But as the case of live-in relations increases, some problems are also being increased, such as conceive of live-in partner woman and the accusations of rape by the woman living in live-in on fellow man.

It is natural in live-in relation that a woman lives with a man only on her consent. On the other hand, physical relations between these two are also formed by mutual consent. But many times it has been observed that even after having a physical relationship with the consent of women, live-in partner women accuse the rape on male companion whom with they are living in live-in, so many times innocent men have to go round the jail and court.

But now the consent physical relationship between the live-in partners will not be considered as a crime. Commenting on live-in relationships and consent sexual intercourse between live-in partners, the Supreme Court has said that men living in live-in relationships fail to get married to their female partner for some reason, and then forming willingly physical relationship will not be said a crime.

The Supreme Court of India adjudicated rejecting an FIR registered against a doctor by a nurse in Maharashtra who was living in live-in relationship. The Supreme Court in its decision cleared that there is a clear difference between the consent physical relationship and rape.

Justice AK Sikri and S Abdul-Nazir in one of their decisions said that such cases should be carefully examined so that the complainant really wants to marry the accused or his intention was bad. At the same time, it should be seen that the accused didn’t just bluff the woman for making a relationship to fulfill her wishes.

The Supreme Court said that there is a clear difference between consent physical relationship and rape. The court said that in such cases it should be carefully examined whether the complainant actually wanted to marry a victim or had a malicious intent and he had made a false promise so that he could satisfy his lust.

On the physical relations with the consent in live-in relationship, the court said that if the motive of the accused is not inaccurate, then there should be separate hearing from the misdeeds of such cases. But if men have had physical relationship with wrong intention, then it would be a case of rape.

The bench of two judges clearly stated in their decision that after forming consented physical relationship between man and woman, it will not be considered as a crime under section 376 (rape) of the IPC.

After this decision of the court, there will be a ban on false cases in which, after forming consent physical relationship, many times women have accused the rape of living-in-partner. Live-in relation has become commonplace in the country due to modernity and it is also common to have physical relationships in live-in.

In such a case, after consent physical relationship between live-in man and woman partner, if woman accuse live-in partner for rape then it comes in the category of 'betrayal'. After staying in live-in relation and making consent physical relationship for a long time, if a female partner accuses a man of rape, then in such cases the decision taken by the Supreme Court for men's 'protection' should be called an example.

It has been observed that whenever a woman accuses herself of being a rape victim, then it is natural to have sympathy with her, but after making a physical relationship with the consent in live-in relationship, if a female partner accuses a man of rape, It is obvious that the female partner wants to 'trap' the man somewhere.

Following this historic decision of the Supreme Court, men will be saved from being caught in such 'false' accusations in physical relations with the consent in live-in relations. But men should pay attention to the fact that if they are living in a live-in with a woman, and then take care of her limitations.

If a man is married, then he should clear his live-in partner that he is married. Also, if a man is willing to make physical relation with the partner with her consent, then keep in mind that without the woman's wish, she could not get pregnant.

There is no restriction in live-in relation, but both men and women should pay attention to the limits of one another. If there is consent physical relationship between the woman and the man, then after this there is no question of any kind of misdeeds or cheating. It can be said that the Supreme Court's decision will give great relief to men.