Women misusing anti-rape law as weapon against partners: Uttarakhand HC
Nainital (U'Khand), Jul 22: The Uttarakhand High Court has said the law punishing rape is being misused as a weapon by women these days when they have differences with a male partner.
Justice Sharad Kumar Sharma made the observation on July 5 while quashing criminal proceedings against a man who was accused of rape by a woman after he refused to marry her. They were having consensual relations since 2005.
The Supreme Court has also repeatedly reiterated that a consensual physical relationship between adults cannot be termed rape if one of the parties has refused to marry, the judge said.
The Uttarakhand High Court remarked that women are misusing Section 376 of the Indian Penal Code (IPC) against their male counterparts for various reasons, including discord.
The woman had filed a complaint on June 30, 2020, stating that the accused was having consensual sex with her since 2005. She said the two had promised each other that they would get married as soon as either of them gets a job.
But the accused later married another woman and their relationship continued thereafter, it was claimed.
The High Court said, "The element of consent automatically gets involved when the complainant had voluntarily continued their relationship even after knowing that the accused was already married."
The court said that the veracity of an assurance of marriage has to be examined in the initial stage when entering a relationship by mutual consent and not in the later stage.
The high court said that the initial stage cannot be considered when the relationship has lasted for 15 years and even continued after the marriage of the accused.
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CJI Surya Kant clarifies 'parasites' remarks, says 'pained' over media reports
New Delhi (PTI): Chief Justice of India Surya Kant on Saturday issued a strongly worded clarification on his 'parasites' remarks, saying he was "pained" by media reports that suggested he criticised youth.
"I am pained to read how a section of the media has misquoted my oral observations made during the hearing of a frivolous case yesterday," the CJI said in a statement.
Kant emphasised that his remarks were specifically directed at individuals entering the legal profession through "fake and bogus degrees" and were "misquoted by a section of the media."
The clarification follows a controversy during a hearing on Friday, when the CJI used words like "parasites" and "cockroaches" while pulling up a lawyer for his plea seeking senior designation.
"What I had specifically criticised were those who have entered professions like the Bar (legal profession) with the aid of fake and bogus degrees. Similar persons have sneaked into the media, social media, and other noble professions as well, and hence, they are like parasites.
"It is totally baseless to suggest that I criticised the youth of our nation. Not only am I proud of our present and future human resource, but every youth of India inspires me. It is not an exaggeration to say that Indian youth have great regard and respect for me, and I too see them as the pillars of a developed India," the chief justice said about his remarks.
