In another reminder to Indian men to forget about how law can protect them against a woman’s complaint, the Delhi High court has said that live-in relationship cannot be kept out of purview of rape.
“As far as the relief sought, of keeping the live-in relationships outside the purview of Section 376 (rape) of the IPC is concerned, the same would amount to giving the live-in relationships, the status of matrimony and which the legislature has chosen not to do,” a bench of chief justice G Rohini and justice Rajiv Sahai Endlaw said.
The person who filed PIL has raised many good points, and in fact the need for compensating the falsely rape accused has already been mentioned by Justice Virendar Bhat in one of his judgments.
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The PIL also sought direction that the complaint lodged by a live-in partner against the other should be registered under section 420 (cheating), not section 376 (rape), which was turned down by the court, saying it cannot pass such order.
“In more than 70 per cent cases, the accused is found not guilty and other associated family members of the acquitted accused face humiliation in society,” the plea had said.
It also sought direction to the Centre and Delhi government to secure constitutional rights of the person acquitted from rape charges by the way of compensation and registration of cases against those who misuse the law.
It had said that police should not arrest a person only on the basis of an allegation by a woman prior to conducting preliminary enquiry and getting a medical report, but before arrest, sufficient cause should be recorded by a senior officer to avoid false implication.
In the end, the basic rule which seems to get followed is that women are always damsels in distress/abla-naaris, so if they are in live-in relationship of the nature of wife, they can file a domestic violence complaint to claim maintenance under DV act; and if they are in a live-in relationship of the nature of wife, they still can file a rape complaint on the partner even though marital rape is not a crime as per IPC.