Acquittal of filmmaker Mahmood Farroqui in a rape case of a US researcher seems to have triggered a fresh debate on 바카라consent바카라.
Lawyers, activists see the verdict as a 바카라dangerous reasoning바카라 that further trivializes 바카라consent바카라, something that already is a bone of contention among many.
Acquittal of filmmaker Mahmood Farroqui in a rape case of a US researcher seems to have triggered a fresh debate on 바카라consent바카라.
The trial court had sent Farooqui to jail term for sexually abusing a research scholar from Columbia University. In the appeal filed by Farooqui, Delhi high court바카라s Justice Ashutosh Kumar exonerated him by granting him benefit of doubt and concluded that it was not clear if there was consent of the victim and if Farooqui was able to understand it.
Lawyers, activists see the verdict as a 바카라dangerous reasoning바카라 that further trivializes 바카라consent바카라, something that already is a bone of contention among many.
Senior lawyer Rebecca John called the judgment a 바카라complete misreading of law바카라. 바카라Once it is established in the court of law that the act did take place, the court has to accept a woman바카라s statement on consent. If she says it was not her consent to be a part of it, it is a no!바카라 she toldOutlook.
Quoting from Section 114(A) Evidence Act (Amended) that states: 바카라In a prosecution for rape under clauses(a-n) of Section 376 of the IPC, where sexual intercourse by the accused is proved and the question is whether it was without of the consent of woman alleged to have been raped and such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consent,바카라 John added that what this verdict says is a dubious understanding of law with regard to 바카라consent바카라.
Justice Kumar, in his verdict, delved into the theories of consent further, and said that the affirmative model, where 바카라yes바카라 is 바카라yes바카라 and 바카라no바카라 is 바카라no바카라, may not be used in all cases.
바카라Instances of woman behavior are not unknown that a feeble 바카라no바카라 may mean a 바카라yes바카라. If the parties are strangers, the same theory may not be applied바카라But same would not be the situation when parties are known to each other, are persons of letters and are intellectually/academically proficient, and if, in the past, there have been physical contacts. In such cases, it would be really difficult to decipher whether little or no resistance and a feeble 바카라no바카라, was actually a denial of consent.바카라
While, the amended Section 375 of the Indian Penal Code (rape law) after the Justice JS Verma Committee Report, very clearly in an unambiguous way defines consent: 바카라Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:
바카라Provided that a woman who does not physically resist the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.바카라
Experts see the verdict as a contradiction to the existing law. Many believe that it would further complicate a woman바카라s testimony as the onus now lies on the women to prove that her 바카라no바카라 was a resounding and loud enough to be taken as a denial of consent.
바카라It바카라s further shifting the onus on the women,바카라 said All India Progressive Women바카라s Association (AIPWA) secretary Kavita Krishnan, while terming the Delhi High Court바카라s judgment a 바카라dangerous reasoning바카라.
She also expressed dismay at the court바카라s observations and the consequences. 바카라This verdict is letting men off the hook. Imagine any man reading this judgment, certainly he would form an opinion that he doesn바카라t need to pay attention to a woman바카라s 바카라no바카라,바카라 she told Outlook.
It also raises a valid concern to what kind of 바카라no바카라 would be good enough to make it sound like a clear rejection of the pass made at the woman. Also, it would be the prosecutrix바카라s responsibility to prove her consent.
바카라How do we prove the difference between a quiet and a loud no? Even if a woman says it out loud, verbally and yet the accused makes the move, how do we prove it?바카라 says John.
The judgment also observed that 바카라by pretending to orgasm (based on mental decision), what Farooqui has been communicated is바카라even though wrongly and mistakenly바카라she is okay with it and willingly participated in the act.바카라
바카라Based on the previous circumstances, when no concrete denial was conveyed to the accused, it is unlikely to say that the prosecutrix (victim) did not give a non-verbal consent at any point in time,바카라 said senior advocate KTS Tulsi while agreeing with the judgment.
The judge is right when he said that the there could be myriad circumstances which can surround a consent, said Tulsi adding that the prosecutrix바카라s initial denial was based on a 바카라vague statement바카라.
He also said that the act of oral sex cannot be forced upon. 바카라The very fact that it was a case of non-penetrative sex (oral), it is tough to say that it would have been forced. The onus lies with the prosecution to prove its case.바카라
The high profile Mahmood Farooqui case invited maximum media attention since it was first reported in 2015, raising various questions to whether forcible oral sex should fall under the ambit of rape cases and the minimum sentence for the crime of rape too harsh.
In an interview to Outlook magazine, lawyer Flavia Agnes had also pointed out the loopholes regarding the new widened rape law and the minimum, stringent punishment if proven guilty. 바카라We needed to re-examine the provision of mandatory minimum punishment, which we failed to do,바카라 she said.
바카라With the rape law amendments of 2013 and the burden still lies with the prosecution to prove an offence beyond reasonable doubt and the benefit of doubt should go to the accused,바카라 she added.