'Every Failed Relationship Can’t Be Punished': Supreme Court on Rape Charges Over Marriage Promise

New Delhi: The Supreme Court on Wednesday observed that a failed romantic relationship does not automatically mean sexual relations were forced, as it heard a plea from a man seeking to quash rape charges filed by his former fiancee. The woman had alleged that she had engaged in sexual relations under the expectation of marriage.

Court Questions the Basis of Rape Allegation

A bench of Justice MM Sundresh and Justice Rajesh Bindal emphasized that society’s moral values have evolved, and questioned whether every broken engagement could be legally punished in this manner.

"You are a major... it cannot be that you were hoodwinked into believing marriage was certain," the bench told the woman’s lawyer. The court further remarked, "Today, morality and virtues are different for the younger generation. If we agree with you, then any relationship between a boy and girl in college would be punishable."

The court also noted that some complaints stem from conservative values, where the blame is disproportionately placed on the man due to societal expectations.

‘This Was Not a Romantic Relationship’

Senior advocate Madhavi Divan, representing the woman, countered that the relationship was arranged, not romantic, making the issue of consent more complex.

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"This is not a romantic relationship that went sour. This was arranged. Consent, in this case, cannot be said to be ‘free consent’," she argued. She further stated that the woman had feared social backlash and believed that refusing physical intimacy could lead to the man calling off the wedding.

"It may have been casual sex for him... but not for the woman," Divan said.

‘No Attachment To Any One Gender’

The bench insisted on examining the matter from both perspectives, emphasizing that it had "no attachment to any one gender." 

Justice Sundresh said, "I also have a daughter, but even if she is in this position, I need to look at a broader perspective. In this case... can conviction be secured with such weak material?"

However, the court acknowledged that the woman was ultimately the victim, stating, "Whatever observation you want from us or to set aside the High Court’s observation... that’s okay."

The Supreme Court decided to continue hearing the man’s plea in the coming days.