No Means No: HC Affirms Sexual Act Without Woman's Nod Is Rape
Nagpur: In a powerful reaffirmation of a woman's right to
bodily autonomy
, the Nagpur bench of
Bombay High Court
ruled that once a woman refuses to engage in sexual activity, any act thereafter amounts to rape, irrespective of her past relationship with the accused or her perceived morality.
"A woman who says 'No' means 'No'. There exists no further ambiguity. It is an offence if sexual intercourse is done without the consent of a woman," stated the division bench of Justice Nitin Suryawanshi and Mahendra Chandwani, while upholding the conviction of three men in the 2014 gang rape in Chandrapur.The court was hearing appeals filed by Wasim Khan, Sheikh Kadir, and a juvenile, all sentenced to life imprisonment for gang rape, attempt to murder, criminal intimidation, and offences under the Information Technology Act. The woman was abducted, sexually assaulted at multiple locations, and left traumatised.The judges rejected arguments based on the woman's prior intimacy with Wasim, her live-in relationship with another man, and her marital status. "Even if she was in an intimate relationship with Wasim before entering into a live-in relationship, a person cannot force a woman to have intercourse without her consent," the court noted. "Her morals or her past do not negate her right to say No."Citing Section 375 of Indian Penal Code and Section 53A of Indian Evidence Act, the court underscored that a woman's character or number of sexual partners she had are legally irrelevant in assessing consent. "Sexual intercourse, when consensual, may give pleasure to both. But if it is done without consent, it is an assault on her body, mind, and privacy," the bench observed.Describing rape as "the ravishment of a woman without her consent by force, fear or fraud," the judges said the crime is not merely physical, but deeply invasive & dehumanising. "It objectifies a woman & shakes the core of her being," they wrote.The court also addressed the evidentiary concerns raised by the defence. Though the tape containing videos of the crime lacked Section 65B certificate (which authenticates electronic records), the judges ruled this was not fatal to the prosecution, given the overall consistency of the survivor's testimony and corroborating evidence. They emphasised that rape can be established even without physical injuries or presence of semen.Upholding the Chandrapur sessions court judgment, the High Court concluded that consent cannot be implied, presumed, or overridden. "A woman's right to refuse is absolute. Her dignity & autonomy must be respected in every circumstance," the court said.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
an hour ago
- Time of India
Matrimony fraud: Bengaluru bizman falls for invest & earn bait, bride-to-be flees with Rs 38.8L
Bengaluru: A 25-year-old businessman's search for love on a matrimonial website turned into a financial nightmare when he was conned out of a whopping Rs 38.8 lakh in an elaborate investment scam that was marked with fake video calls, a family of fraudsters, and promises of high returns. Sagar (name changed), who runs a pre-owned motorcycle business in east Bengaluru, thought he struck gold when a woman named Lakshmi Priya swiped right on his profile within minutes after he posted it on a website this March. Priya claimed to work with her uncle at a UK-based investment firm, and to make him trust her, she orchestrated a voice with a whole entourage of her family members, including a father, aunt, and an uncle named Srinivasa. "She sounded genuine, the whole setup looked like a real family ready for wedding," Sagar told East CEN Crime police. The two moved their conversation to WhatsApp after she shared her number (8897629918) on March 15. After several warm exchanges, she invited him for a video call on Ram Navami (April 6). That's when Sagar met her entire family, who even greenlit their future wedding and shared plans to visit Srikakulam, Andhra Pradesh, for marriage talks post May 15. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 전체임플란트 간단 뼈이식포함 300만원에 kimplant 더 알아보기 Undo But what seemed like a match made in heaven soon turned into a trap. Soon after, Priya pitched an amazing investment opportunity with her uncle's firm 'TRADE U' via a trading app named Bost Base. Sagar was lured in with the promise of big bucks, he started with a Rs 65,000 investment. As daily profits started showing up on the platform and a test withdrawal of Rs 5,000 worked flawlessly, he began investing more and more. Collectively, his multiple transactions crossed Rs 25 lakh. The returns, as shared by Priya, showed a dazzling Rs 1.4 crore as balance in his account. Then they told him that they were closing their trade signals and would send them for taxation. They told him to pay Rs 17.5 lakh as a tax amount and Rs 3.5 lakh service fee. He questioned the tax as he made an investment in their firm. They told him that as per the UK law, the investors should pay the taxes first and collect their profits and capital. He then spoke to Priya and informed her that he didn't have so much money. She told him she would pay Rs 5.3 lakh on his behalf and reduce the service tax and asked him to arrange the remaining Rs 13 lakh. Sagar borrowed from his friends and relatives and transferred the money to them. However, they stopped messaging him from May 27. When he tried to reach Priya on the phone, in vain. It was only then did he realise that he was scammed. "She brought her whole fake family to the scam party, this is a unique case," said an officer. "The victim was made to believe he was joining their family, but instead, he walked into a trap." Police have filed a case under the Information Technology Act and BNS Section 318 (cheating). Second story Cybercrooks hack Roshan Baig's WA account, seek money from his contacts Former minister R Roshan Baig approached police, seeking action against miscreants who hacked his WhatsApp account recently and sent fraudulent messages to his contacts. According to a complaint filed by Baig with East CEN Crime police, his account was hacked on June 5. He immediately alerted his contacts not to click on any links or respond to the messages asking for financial help. "My friend informed me that he was sending Rs 84,000 as requested by me. I realised it was a fraud and told him to stop. Then I got to know that he received the message from my WhatsApp number. It is not the case of crooks using a random number and putting my photo as a display picture," Baig told TOI. "Within a few minutes, my son got a call from a friend who also received a message asking for financial help. My son alerted me . Before we could take steps to stop the fraud, my grandson, who was coming to India from abroad, called me and said he received a message on WhatsApp in which I asked for Rs 85,000. I surrendered my sim card, and purchased a new one on the same number. Since we ensured all my contacts were aware of the hacking, none of them transferred the money," he said. A case was registered under the Information Technology Act.
India Gazette
3 hours ago
- India Gazette
Minor rape survivor refuses abortion, withdraws plea before Delhi HC; shifted to shelter home for care
By Dhiraj Beniwal New Delhi [India], June 10 (ANI): A minor rape survivor has informed the Delhi High court of her decision to carry her 29-week pregnancy to term, going against her parents' wishes. Consequently, she withdrew the petition that had sought permission for medical termination of the pregnancy. Acknowledging her plea for alternative accommodation, the court directed that the girl be housed at Nirmal Chhaya, a shelter home in Delhi, and ordered authorities to ensure her proper care during the remainder of her pregnancy. During the hearing before the bench of Justice Harish Vaidyanathan Shankar, the minor stated that her parents are opposing her decision. As a result, she may be unable to stay at her parental home. She prayed that the court pass directions to provide her with accommodation in a shelter home. 'In view of the above, this Court is of the view that the Petitioner can be accommodated in Nirmal Chhaya, Hari Nagar, Delhi,' Justice Shankar said in an order passed on June 4. 'Let necessary steps be taken by the Investigation Officer in conjunction with the authorities of Nirmal Chhaya, Hari Nagar and the concerned authorities of the Government of the National Capital Territory of Delhi, for ensuring that Ms. K is kept in safe custody,' Justice Shankar ordered. The court also directed the authorities concerned to ensure that Ms. X's pregnancy goes through without any difficulty and to provide all such support as required. In view of the minor's wish, the petition was dismissed as withdrawn. Advocate Anwesh Madhukar appeared for her petitioner. The High Court was dealing with a petition moved by parents on behalf of their minor daughter seeking permission to terminate her 29-week pregnancy, which occurred on account of sexual assault. An FIR was also registered in this case by the Delhi Police. The High Court, while hearing the petition on May 29, gave directions for the constitution of a medical board at Deen Dayal Upadhyay (DDU) Hospital to examine the victim. The board submitted a report on May 30. The board had opined that it is not medically safe for the Petitioner to undergo termination of the pregnancy, considering the gestation period and her current medical condition. She was administered two units of blood in the hospital, two doctors said, as her haemoglobin level was low. Thereafter, the High Court directed the doctors at DDU Hospital to provide all necessary medical treatment to the Petitioner to address her current symptoms of low haemoglobin, infection, and fever. The MTP Board of DDU Hospital shall review the Petitioner's case after giving her the necessary treatment and furnish a fresh opinion thereon. After carefully assessing her physical and mental health, as per the MTP Act, MTP (Amendment) Rules, 2021, as well as the 'Guidance Note for Medical Boards for Termination of Pregnancy Beyond 20 weeks of Gestation', of 14th August, 2017, issued by the Ministry of Health and Family Welfare, Government of India. The High Court has also called for a fresh report in this regard, which shall positively be submitted for the perusal of this Court, on or before the next date of hearing. On the next hearing, the petitioner refused to terminate the pregnancy and withdrew the petition. (ANI)
Hindustan Times
4 hours ago
- Hindustan Times
Bombay HC asks BMC to pay ₹50 Lakh to 2015 hotel fire victims' families
The Bombay High Court on Tuesday ordered the Brihanmumbai Municipal Corporation (BMC) to pay ₹50 lakh each as compensation to the kin of eight victims who died in a fire at a hotel in 2015, citing its gross failure in the discharge of its duties. A fire broke out inside Hotel City Kinara in Kurla, killing eight persons on October 16, 2015. Seven of them were students aged 18-20, and the eighth victim was a 31-year-old design engineer from Virar. The high court was hearing petitions filed by parents of the victims seeking to quash the Lokayukta's February 2017 order, which dismissed their complaint seeking a probe. The Lokayukta, while dismissing their pleas, noted that compensation of ₹1 lakh each was disbursed. The families sought the enhancement of the compensation amount. The high court, in its judgment on Tuesday, ordered the BMC to pay ₹50 lakh to the families of each of the victims within 12 weeks. "Due to the failure of the BMC in taking action, the illegality in Kinara continued unabated and ultimately led to the fire and the loss of life," it said. A bench of Justices B P Colabawalla and Firdosh Pooniwalla said it was "shocking" that the BMC failed to initiate any action against the hotel despite being aware that it did not have requisite permission from the fire department. "Had the BMC taken prompt action, then the fire incident would not have definitely not occurred," the court noted. The bench held, "The negligence and breach of statutory duties by the BMC is a proximate cause of the fire, and the civic body can be held vicariously liable for the acts of commission and omission of its officials." It added that the loss of life of the eight persons has resulted in a gross violation of their families' right to life under Article 21 of the Constitution. "This violation of the fundamental rights of the petitioners and their kin under Article 21 of the Constitution of India has been caused as a direct result of the negligence and breach of statutory duties on the part of BMC," the court noted. The court, in its order, said that the hotel had violated several conditions of its licence, including operating a service area on the mezzanine floor, which was supposed to be a storage area. It added that the hotel also did not have a no-objection certificate (NOC) from the fire department. Kinara was granted an eating housing licence without obtaining any fire NOC from the fire department, the court said. "This, in our view, was one of the most egregious breaches committed not only by the owner and operator of Kinara but also by Respondent No.2 by issuing an eating house licence to Kinara without obtaining any fire NOC," it observed. The eight victims were seated on this mezzanine floor when the fire broke out, and they died. "These breaches increased the danger of fire in Kinara," the court said, adding the BMC was in "gross negligence and has acted totally in breach of its statutory duties". The hotel had also stored several gas cylinders, which was prohibited. The court said the civic officers faced no real consequence for their negligence in preventing the fire at Kinara and the deaths of the eight persons. The court, in its order, stated that in matters concerning public safety, a higher standard of care is imposed on the authorities. "When activities are hazardous and are inherently dangerous, the statute expects the highest degree of care, and if someone is injured because of such activities, the State and its officials are liable even if they could establish that there was no negligence and that it was not intentional," the court said. The court said the BMC was aware of the breaches in the hotel as it had received complaints and carried out inspections. The civic body had earlier told the court that it could not be held liable to pay any compensation to the families of the victims and that the hotel owner should be directed to pay compensation. It argued that after the fire, a departmental inquiry was initiated against four civic officials, of whom two were found guilty of negligence, and an appropriate penalty was imposed on them.
