New law in India criminalizes false promises of marriage for sexual exploitation

In an attempt to tackle a common form of sexual abuse, a new law in India criminalizes men who enter into sexual relations with women under the false pretense of marriage. The offense is now punishable by up to 10 years in prison and a fine. However, the law has sparked debate over its application, effectiveness and potential for abuse.

Article 69 of the new law targets those who exploit women’s trust by promising marriage or using deceptive means, such as false promises of career advancement or assuming a false identity, to enter into sexual relations. The law comes in response to numerous cases in which men have been accused of luring women into sexual relations with the promise of marriage.

In India, societal norms place great value on female virginity, and marriage negotiations often involve substantial dowries. Premarital and extramarital sex are generally considered taboo, making any perceived impropriety a potential barrier to a woman securing a marriage.

Supporters of the law, such as Audrey Dmello, director of Majlis Law, a women’s rights NGO in India, argue that it validates women’s experiences and addresses the underreporting of “promise to marry” rape cases. Previous court rulings have been inconsistent in these cases, with some recognizing sex under false pretenses as non-consensual and others distinguishing between broken and false promises of marriage.

Critics, however, question the law’s implementation, citing the difficulty of proving deceit and intent to marry in court. Legal advocate Gopal Krishna raised concerns about proving intent, while Tanvir Siddiki, another legal advocate, pointed to the removal of the requirement for medical tests, which could complicate the prosecution’s ability to prove sexual exploitation.

The law has also raised concerns among younger Indians, who see it as out of step with the country’s changing attitudes towards dating and premarital sex. Some fear the potential abuse of Section 69 against men. Despite these concerns, Dmello argues that the law empowers women and promotes equality, marking a significant shift in societal norms.