Yonhap News
The Indian government has recently enacted a new law that imposes severe penalties, including up to 10 years in prison and fines, on men who cancel their marriage after promising to marry and engaging in sexual relations. This legislation aims to address legal ambiguities and provide clearer protections for women against sexual exploitation.
Prime Minister Narendra Modi introduced this law in early July, updating the colonial-era penal code that had been in place for 164 years. The law was implemented to resolve legal inconsistencies arising from various Supreme Court rulings concerning broken marriage promises.
In a society with conservative views on sexuality, where premarital and extramarital relations are often stigmatized, this law seeks to provide clearer legal recourse for women. In 2019, for example, a court ruled that a woman who continued a relationship despite acknowledging potential issues was not a victim of rape. Conversely, another case from the same year saw a man sentenced to 10 years in prison and fined 50,000 rupees (about $600) for breaking his marriage promise and marrying someone else.
Audrey D’Mello, director of the Indian women’s rights NGO Majlis Law, supports the new law, highlighting the need to address cases where rape is committed under the guise of a marriage promise. She argues that such cases are often underreported and require legislative intervention.
However, some legal experts have raised concerns about the law’s potential for misuse. They worry that vague criteria could make proving false marriage promises in court challenges, which might impede the law’s effectiveness.
Young Indians, as well as various social media users, are divided on the law’s merits. Supporters argue it upholds women’s rights and ensures gender equality, while critics worry about possible misuse and question whether the law reflects changing attitudes towards arranged marriages and premarital relations.
