In India, It is Rape if She Says So

Section 114-A of the Indian Evidence Act calmly states (emphasis mine):

… where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.

This was introduced in 1983.

So, men of India, beware.  If you annoy your girlfriend and she alleges rape, her mere statement that she did not consent is enough for the court to presume that you raped her.

Despite this draconian piece of legislation, it is surprising that still so many rape cases conclude in acquittal.  That must mean that either the “victim” has a change of heart during trial and retracts her statement, or that the judges refuse to believe her and choose to ignore this section of law.

Perhaps they realize this to be what it is: a despicable travesty of justice in which there is presumption of guilt without any corroboration.

In fact, the whole of the section 114 is a glaring ode to injustice.  You should read it fully to believe it.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s