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As we all are aware of the increasing trend of live-in relationships and casual relationships and when the things go bad, face the consequences. It is admitted that in India some laws are biased, the women gets extra advantage and the power is being misused. Some cases of rape are very genuine in which women actually suffers but some cases are mere fraud and filled in order to harass the live-in partner or a boyfriend and trust me the number of fraud cases are more !!
Thus in order to safeguard yourself, it is very important to know the difference between the Promiscuity and Rape.
The recent judgement of Delhi High Court dated 29 May 2015, "Gaurav Maggo Vs State of NCT, Delhi" it is held that - "If a fully grown up lady consents to the act of sexual intercourse on a promise to marry and continues to indulge in such activity for long, it is an act induced by misconception of fact"
Thus, it is an act of casual intercourse and does not amount to Rape. Promiscuity is the practice of having casual intercourse frequently and for a long time period with one or different partners. The term can carry a moral judgement if viewed in the context of a mainstream social ideal for sexual activity to occur only within exclusive committed relationships.
On the other hand Rape is a sexual assault against a person which is forceful and without the consent of the other party unlike Promiscuity. In promiscuity the consent of the other party is present and nothing and there is no application of force.
This was the basic difference between the rape and promiscuity. I personally feel that each and every person should be aware of such basic terms and there differences in order to make the Indian Law and our society better. The more we will stay aware, the more we will work towards making a better society for us and our future generation.
No more false allegations of Rape now, take your defense !!
For more awareness, stay tuned :)
Kanika Bhardwaj
Advocate
*FEEDBACK IS WELCOME*
the basic line which differentiate between the two is act of intercourse was done with the consent or not. In case of promiscuity intercourse was with the consent and on other hand in rape it is without consent. In order to to find out whether the act of intercourse will fall under promiscuity or rape one more factor has to be looked into and i.e. 'against her will'. there is a marginal difference between consent and will. An act done with the consent cannot be said is also according to will.
ReplyDeleteeg consent was given for intercourse but her will was to solemnize marriage.
A casual intercourse is promiscuity and not a rape if subsequently partner has initiated process of marriage ( to have a talk with family regarding marriage) it is immaterial whether he succeeded or not, if the case is otherwise i.e. no process of married has been initiated and there is also a ignorance of marriage than it is a clear case of rape. Honorable Supreme Court has laid down this theory in a landmark judgment DILIP v STATE OF BIHAR.
therefore defense of promiscuity is available only if other partner has done some act in order to get married.
promiscuity is a outcome of judicial activism to balance access rights and powers given to women.
the basic line which differentiate between the two is act of intercourse was done with the consent or not. In case of promiscuity intercourse was with the consent and on other hand in rape it is without consent. In order to to find out whether the act of intercourse will fall under promiscuity or rape one more factor has to be looked into and i.e. 'against her will'. there is a marginal difference between consent and will. An act done with the consent cannot be said is also according to will.
ReplyDeleteeg consent was given for intercourse but her will was to solemnize marriage.
A casual intercourse is promiscuity and not a rape if subsequently partner has initiated process of marriage ( to have a talk with family regarding marriage) it is immaterial whether he succeeded or not, if the case is otherwise i.e. no process of married has been initiated and there is also a ignorance of marriage than it is a clear case of rape. Honorable Supreme Court has laid down this theory in a landmark judgment DILIP v STATE OF BIHAR.
therefore defense of promiscuity is available only if other partner has done some act in order to get married.
promiscuity is a outcome of judicial activism to balance access rights and powers given to women.