When a woman says no, it means no: HC upholds conviction of three men for gang rape
Mumbai (PTI): The Bombay High Court has upheld the conviction of three men for raping one of their partners, ruling that when a woman says no, it means no, and there can be no presumption of consent based on her past sexual activities.
“No means no”, the bench of Justices Nitin Suryawanshi and M W Chandwani said in its May 6 judgment refusing to accept the attempt made by the convicts to question the morals of the survivor.
Sexual intercourse when done without the consent of a woman is an assault on her body, mind and privacy, said the court, terming rape the most morally and physically reprehensible crime in society.
“A woman who says ‘NO’ means ‘NO’. There exists no further ambiguity and there could be no presumption of consent based on a woman's so-called immoral activities,” HC said.
The court refused to quash the conviction of the three persons but reduced their sentence from life imprisonment to 20 years in jail.
In their appeal, the trio had claimed that the woman was initially involved with one of them but later got into a live-in relationship with another man.
In November 2014, the three barged into the survivor’s house, assaulted her live-in partner and forcibly took her to a nearby deserted spot where they raped her.
The bench in its judgment said that even if a woman was an estranged wife and lived with another man without getting divorced from her husband, a person cannot force the woman to have intercourse with him without her consent.
The bench said even though the survivor and one of the convicts were in a relationship in the past, any sexual act without her consent would amount to rape if she was not willing to have intercourse with him and the other accused.
“A woman who consents to sexual activities with a man at a particular instance does not ipso facto (by the fact itself) give consent to sexual activity with the same man at all other instances. A woman’s character or morals are not related to the number of sexual partners she has had,” the court said.
The court said sexual violence diminishes the law and unlawfully encroaches on the privacy of a woman.
“Rape cannot be treated only as a sexual crime but it should be viewed as a crime involving aggression. It is a violation of her right to privacy. Rape is the most morally and physically reprehensible crime in society, as it is an assault on the body, mind and privacy of the victim,” HC said.
The court also upheld the trio’s conviction for the assault of the survivor’s live-in partner.
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EAM Jaishankar meets Jamaican PM, gifts over 10 BHISHM Cubes
Kingston (PTI): External Affairs Minister S Jaishankar on Monday met Jamaican Prime Minister Andrew Holness and discussed ways to further deepen "political, economic and people-to-people cooperation."
Jaishankar also conveyed greetings from Prime Minister Narendra Modi to Holness.
"Pleased to call on Prime Minister @AndrewHolnessJM in Kingston. Conveyed the greetings of PM @narendramodi," Jaishankar posted on X.
"Discussed deepening our political, economic and people-to-people cooperation. Value his commitment towards further strengthening India-Jamaica relations," the post further read.
Also, the external affairs minister handed over 10 BHISHM (Bharat Health Initiative for Sahyog Hita & Maitri) Cubes as a gift to Jamaica.
"Formally handed over 10 BHISHM Cubes as a gift from India to Jamaica, in the presence of PM @AndrewHolnessJM, Health Minister @christufton and FM @kaminajsmith," Jaishankar posted on X.
"The BHISHM Cube mobile hospital system, designed for rapid deployment, will help Jamaica during disasters and emergencies. The gift of these cubes is a statement of friendship, a commitment to disaster preparedness, and an outcome of innovation," the post said.
Jaishankar arrived in Kingston on Saturday evening, marking the first leg of his nine-day tour of Jamaica, Suriname, and Trinidad and Tobago, aimed at further strengthening India's strategic and cultural ties with the Caribbean nations.
Earlier in the day, he interacted with the Indian diaspora and discussed India's ongoing transformation in infrastructure, human development and technology-driven governance and entrepreneurship with them.
He also highlighted the cricket bond between both countries as India gifted a scoreboard to Jamaica.
A scoreboard was dedicated at Sabina Park in Kingston. It is the home of the Jamaica cricket team and is the only Test cricket ground in the Caribbean island nation.
The minister expressed hope that the new scoreboard would witness many memorable innings, including those symbolising the enduring friendship between the two countries.
Cricket has long been a strong cultural bridge between India and Jamaica, which is part of the West Indies cricket team.
Jamaican players, including Chris Gayle, Courtney Walsh and Michael Holding, have played a major role in shaping the legacy of West Indies cricket in the international arena, contributing to its dominance in earlier decades and its continued global appeal.
