Sex before marriage is rape: Delhi high court
New Delhi:
Tuesday, February 2, 2010 1:24 IST

The Delhi high court on Monday held that sex without marriage amounted to rape.

The court rejected pre-arrest bail to a man who repeatedly had sex with a woman but refused to marry her even after their engagement.

The woman stayed with her fiance, Nikhil Prasar, in Mumbai for a few days, “where they had fun, and then went to Delhi and stayed in a hotel where they had sex”.

When it came to fixing a date for marriage, however, Nikhil refused, on the grounds that he had learned that she belonged to a different caste.

The woman complained to the police and a rape case was registered.

Justice VK Jain said the caste factor was an afterthought by Prasar, who then absconded. Could he marry “any girl merely because she belonged to a particular caste or sub-caste, even if he did not approve of her personality, temperament, education, culture, upbringing, and family background", the court asked.

“The answer can, obviously, be in the negative," justice Jain said.

He said it appears that the man did not intend to marry the woman and that was why he did not wait for sex even till his formal engagement with her.

If he were so orthodox and conservative that he broke the marriage owing to caste differences, he should not have hurried in for sexual intercourse before marriage, the justice said.

The court held that if it was not held as rape, it would “result in unscrupulous and mischievous persons taking undue advantage of innocent girls by promising marriage with them".

Sexual intercourse before marriage amounts to rape or it will result in victimization or exploitation of innocent girls, justice Jain said.

Hmmm.... Its not 'rape' as both of them agreed to do 'it'

But then, Any form of pre-martial sex is bad, and should be banned by high court. Respect the Old Indian traditions and maintain your culture.

I agree with the court decision .. Coz the boy promised her to marry and after such things he refused to marriage .. . If he wasn't promise her then girl might not allowed him to do so...

And this decision was good by the High Court and should implement in on a National level so that Such incident will not happen in future and as well as we can save our culture !

Yeah ! This also can be happen !

In this case Court must listen to both side and then only took the right decision or both must be punished so that others will get a lesson !

The sword has two sharp sides. It can cut both ways. Suppose a girl in order to find a hubby, flirt and tempt a boy, and he succumbs to her advances..then later she can blackmail him with a court case if he don't agree. If his father is rich, then even worse. The girl's parents can find that factor an additional motivation to encourage their daughter to flirt with the boy.  In matters like this, the best deciding factor is CONSENT by adults. If consent is there, then the parties must take responsibility for their actions. Don't bring morality into the picture. Most evil in this world is done under the name of morality and good intentions