In earlier series of “Why Indian men shouldn’t marry?” I discussed why it is not a good idea for Indian men to marry, thanks to India’s legal framework which is setup for exploitation of married men. In this post, I will explain why Indian men/boys shouldn’t even consider having relationships in India. Having a romantic relationship or even casual fling is extremely risky in India for males. Similar to marital laws, India has a plethora of draconian, illogical and heavily biased women “protection” laws. And no, we can’t blame the Britishers for these laws as some like POCSO or DV Act were enacted way after India became independent, but were still drafted like it is 1857. If you have a relationship, and if it breaks, then the girl has a number of laws to send you to jail if she wants to teach you a lesson for dumping her. I will cover them in detail below.
Consensual Sex in India before marriage=RAPE
India’s Rape law is quite special. First of all, as soon as a rape complaint is filed by a woman, the accused HAS to be arrested by police (unless accused is a celebrity). No evidence needed. In fact, after the “Nirbhaya” candle marches in 2012, women can refuse medical tests at the time of lodging complaint, and FIR will still be registered. Moreover, any woman can claim she repeatedly had consensual sex with her boyfriend for years, and it was rape because he promised to marry her sometime in future. Yes, you read it right, as per Indian law, women are so stupid that they can sleep with anyone who promises to marry, and if they do so, they are considered as rape victims. No other country in the world has such provision. When these laws were drafted, probably government thought that women will rarely lie about getting raped, which was probably true in 90s, but post 2012, there has been a flood of such cases. Women have become expert liars, and thanks to Supreme Court’s judgement about hiding identity of rape victim and have closed trials in courts, no one knows if a woman has filed a rape complaint. So this has become a sure shot weapon to wreck vengeance on the boyfriends for dumping them, and since arrest of the boyfriend is imminent, most of them either pay up or end up marrying the women under pressure. Yearly, over 16000 men are jailed for having consensual sex in India. Screenshot from National Crime Records Bureau’s 2019 data below. Also, the man/boy doesn’t even need to have sex with the girl to become a rapist in India. I have seen Chargesheet for a rape case, where an arranged marriage broke up, and the girl filed rape complaint. Only evidence needed was a photo with the guy at some café, and a medical report saying she is capable of having intercourse. That’s it.
POCSO
I have covered POCSO briefly earlier. Protection Of Children from Sexual Offenses act came into enforcement in 2012. It is used to punish sexual offences against minors (under 18 as per India’s age of consent). Even though the victims can be of either gender, the act becomes extremely biased when the complainant and the accused are both minors. So, if a 15 year old boy has a sexual relationship with a 17 year old girl, as per POCSO, the boy becomes the rapist and girl becomes the victim. Isn’t this bafflingly absurd? The people who drafted this act forgot to apply common sense and didn’t cover all possible scenarios. A 17 year old boy was sentenced to life imprisonment under POCSO for having consensual sex with a 15 year old girl. In another most shocking incident, a 13 year old younger brother was sent to detention center under POCSO, as his 16 year old porn addict sister forced him to have sex , and she became pregnant. So if you are a teenage boy, and have decided to romance teenage girls, beware, she or her family can send you to jail for life under POCSO.
Live-in Relationships are Domestic Relationships
As per Indian Judiciary, couples in Live-in relationship are in a Domestic Relationship, so the woman can file complaint under DV Act 2005, which is already discussed here. So after breakup, the woman can easily file a case on the man under DV Act and demand maintenance, right to residence etc. So in addition to Rape case, the man in a Live-in relationship can be harassed by DV Act as well. So a Live-in relationship is potentially more dangerous than marriage. Though at least his parents will be safe, so there’s that.
Conclusion
Even if conviction data shows that most of the Rape cases filed in India are fake, and over 50% are in the category of “Consensual sex on promise of marriage”, the Indian Judiciary is doubling down on making the law more draconian. Recently, a High Court while using textbook Feminist language demanded a separate Rape law for promise of marriage, and another High Court declared that unmarried women don’t engage in carnal desires unless there is a promise to marry. Yes, these absurd judgements are from 2021, and not 1921. This is going to become worse, as Supreme Court recently said that conviction in rape case can be based solely on statement of complainant, even if there is no medical evidence and there are minor contradictions in the statement. So along with marriage, relationships are also extremely risky for Indian men, as the laws are drafted in such a way that men are completely screwed if their partner decides to abuse the laws.
PS: If you are facing false cases, please join MensRights.Net for assistance.