Pre-marital sex not shocking, every breach of promise to marry is not rape: Bombay HC

Shibu Thomas,TNN | Dec 28, 2014, MUMBAI: In one of the most significant verdicts delivered in 2014 on an issue that reveals a society in transition, the Bombay high court has ruled that every breach of promise to marry is not rape and pre-marital sex between couples is no longer shocking in India's big cities. 

The observations came earlier this year during the hearing of an anticipatory bail application filed by a Nashik resident, Rahul Patil, who was booked on charges of cheating and rape following a complaint filed by his former girlfriend Seema Deshmukh. 

Seema, who claimed she was pregnant with Rahul's child, said despite promising to marry her, he had married another girl. Rahul claimed the relationship was consensual, and they could not marry as they belonged to different religions. Rahul and Seema, both lawyers, knew each other since 1999 and had a physical relationship since 2006. Seema claimed he had promised to marry her. In 2009, when he said he could not, she had tried to commit suicide. They continued physical relations even after that. 

"Nowadays keeping (a) sexual relationship while having an affair or before marriage is not shocking as it was earlier. A couple may decide to experience sex. Today especially in metros like Mumbai and Pune, society is becoming more and more permissive," said Justice Mridula Bhatkar, adding, "Though unlike western countries, we have social taboo and are hesitant to accept free sexual relationship between unmarried couples or youngsters as their basic biological need; the court cannot be oblivious to a fact of changing behavioural norms and patterns between man and woman relationship in society."