Law & Justice
Supreme Court Urges Against Misusing Rape Laws in Breakups
The Supreme Court warned on Friday that criminal law should not be used to target men after a consensual romantic relationship ends. Justices B V Nagarathna and R Mahadevan said the legislature never intended consensual sexual acts between adults to be retrospectively criminalised simply because the relationship ended. The court noted a disturbing trend in recent years where consensual relationships are portrayed as sexual assault, a practice that removes agency from men and exposes them to potential rape accusations after the breakup. The bench also highlighted that such misuse could undermine the seriousness of rape as a criminal offence. The court’s remarks came while a man was being prosecuted for rape on a complaint filed by his former live‑in partner, with whom he had been in a relationship for seven years.
Frequently asked questions
Who issued the warning?
Justices B V Nagarathna and R Mahadevan.
What was the context of the warning?
While a man was being prosecuted for rape on a complaint filed by his former live-in partner after a seven-year relationship.
What trend did the court highlight?
The trend of portraying consensual relationships as sexual assault, removing agency from men and exposing them to potential rape accusations after breakup.