Supreme Court Issues Caution on Pre-Marital Relationships Amid Surge in Rape Complaints
The Supreme Court of India on Monday issued a stern caution to young men and women regarding pre-marital physical relationships, acknowledging that this perspective might be viewed as old-fashioned. This warning comes in response to a noticeable increase in rape complaints stemming from false promises of marriage.
Court Questions Consensual Nature in Dubai Case
While hearing the bail plea of a man facing prosecution for rape due to an alleged false promise of marriage, a bench comprising Justices B V Nagarathna and Ujjal Bhuyan expressed skepticism. The court raised pointed questions about how the woman involved had agreed to accompany the man to Dubai, where they engaged in a physical relationship.
"It's consensual. We may be old-fashioned, but a boy and girl before marriage are total strangers. They should be circumspect in indulging in physical relationships before marriage," the bench observed during the proceedings.
Justice Nagarathna Emphasizes Caution and Mediation
Justice Nagarathna elaborated on the court's stance, stating, "Whatever may be the thick and thin of their relationship, we fail to understand how they can be indulging in physical relationship before marriage... you must be very careful; nobody should believe anybody before marriage."
In this specific case, the complainant alleged that she traveled to Dubai at the man's insistence, and he established physical relations with her under the pretext of marriage, only to later marry someone else. Justice Nagarathna argued that such cases are not suitable for trial and conviction, instead proposing that the parties be referred for mediation.
"She should not have gone before marriage if she was so strict about it. We will send them for mediation. These are not cases which are to be tried and convicted, when there is a consensual relationship," she asserted.
Court Directs Parties to Explore Settlement
The bench has instructed both parties to explore the possibility of a settlement through mediation. The matter has been scheduled for a hearing on Wednesday to ascertain their views on this approach, highlighting the court's preference for resolution over prosecution in consensual relationship disputes.
This development underscores the Supreme Court's concern over the rising trend of rape complaints linked to broken marriage promises, urging youth to exercise greater caution in their personal relationships to avoid legal entanglements.
