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India’s new penal code, the Bhartiya Nyaya Sanhita (BNS), has stirred controversy with the introduction of Section 69, a law that punishes men who enter into sexual relations on the basis of false promises. The law is intended to protect women from sexual exploitation, but some observers have raised concerns about its implementation and potential abuse.
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Details: Section 69 criminalises sexual relations that are established through deceit. The law is seen as a response to numerous cases in which women have alleged rape after relationships have broken up, which were earlier tried under broader provisions of the old Indian Penal Code. The Ministry of Law and Justice explains that deceptive acts include making false promises of marriage, employment, promotion or concealing one’s true identity in order to deceive the victim. The crime is punishable by up to 10 years in prison and fines.
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Comments: The law has been met with mixed reactions. Supporters, such as Audrey Dmello of local women’s rights NGO Majlis Law, said CNN that it gives women “validity for what happened to them.” However, critics argue that the law is vague and could be used as a weapon to intimidate men after a breakup. Some also worry about the difficulty of proving deceit and intent in court. “The court works on the basis of evidence. We will have to provide circumstantial evidence that there was a promise to marry and that the intercourse took place under a guise or pretext. This is very difficult to prove,” a senior police official told India Today.
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