Lawstreet Journal

Delhi Court Held That Women’s Consent For Wilful Sexual Relationship Cannot Be Presumed To Be Consent For Violation Of Reproductive Rights

Lawstreet Journal 7 Oct 2021 7:16pm

Image courtesy: Lawstreet Journal Judiciary Delhi Court Held That Women’s Consent For Wilful Sexual Relationship Cannot Be Presumed To Be Consent For Violation Of Reproductive Rights

It was recently stated by a Delhi Court that a woman who is exercising sexual autonomy by having a wilful sexual partner cannot be presumed to have given consent for infringement of her reproductive rights. 

BACKGROUND 

This observation was made by the Additional Sessions Judge Vishal Gogne, in a case where the man who was accused of raping a woman on various occasions and had forced her for abortion on three occasions had appealed in the court for bail. The woman who had accused him of these charges was pregnant for the fourth time and had stated that he used to beat her up. 

OBSERVATIONS OF THE COURT 


It was observed by the Court that in a consensual relationship when the sexual relations have been consistent for a long duration, “ the act of contravening reproductive autonomy through multiple pregnancies and abortions takes away the element of consent which may have been given for the sexual act itself”. 

However, the Court held that it cannot be presumed that a woman has given up her reproductive rights on the basis of the fact that she is exercising her sexual autonomy through a wilful sexual partner. Furthermore, the Court held that the consent for the sexual act is vitiated if the accused continues to have sexual relations with the end or an allegation of forcing an abortion is charged against them. 

VICTIM’S POINT OF VIEW

The Court noted that it has tried to comprehend the allegations from the perspective of the… Continue Reading...


Tagged: Delhi Court   Violation of Women's Rights  
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