The Delhi High Court held that in rape cases where the victim and accused know each other, consent cannot be deciphered by a “feeble no”.
Verdict: The Delhi high court Monday acquitted filmmaker Mahmood Farooqui of rape charges and set aside his sentence. A trial court in 2015 had sentenced him to seven years of rigorous imprisonment for raping a 30-year-old research scholar from Columbia University, New York.
While acquitting Farooqui, Justice Ashutosh Kumar held that in rape cases where the victim and accused know each other, consent cannot be deciphered by a “feeble no”.
Context: In June 2015, a case of rape was registered against Farooqui based on the complaint filed by a US scholar. She claimed that in a drunken state, Farooqui had forcible oral sex with her.
In 2016, a trial court judge Sanjiv Jain had accepted the testimony of the woman, convicted Farooqui.
The 2013 criminal law amendments to rape laws made a seven-year sentence mandatory for rape. Farooqui’s sentencing triggered a debate on whether the minimum sentence was too harsh and must be awarded for forcible oral sex or not.
Questions before the high court: Farooqui had moved the Delhi high court in appeal. The court was to check the correctness of the trial court verdict.
While deciding that the victim’s testimony is unreliable, the high court discusses consent.
1. On consent when victim and accused know each other and the victim is educated and may, have in the past had physical contacts with the accused, the high court says that a “feeble no” may not suffice.
2. The court also held that “absence of any real resistance of any kind re-affirms the willingness,” on the victim’s part.
3. On the victim’s conduct after the rape, the high court says that she could not have been so understanding as to confront the accused.
4. Lastly, the court also acknowledges Farooqui’s history of bipolar disorder and says there is doubt as to whether he could discern/understand the victim’s denial of consent, giving him the benefit of doubt.
Impact: The ruling’s regressive discourse on consent is a setback for women’s rights. It shifts the onus on proving consent on the woman, contrary to apex court rulings and the 2013 amendments to rape laws.
Bhandara first Covid-free district in Maharashtra | Nagpur News - Times of India
Bhandara first Covid-free district in Maharashtra | Nagpur News – Times of India
NAGPUR: The Bhandara district on Friday became the first district in Maharashtra to become Covid-free. The lone under-treatment patient in the district for the last three days was declared recovered on Friday morning. Bhandara has been reporting no new cases for the last three days despite conducting an average 600 tests daily. It took 15 months for the district to get the Covid-free…
Sunni Central Waqf Board: अयोध्या फैसले का यूपी सुन्नी सेंट्रल वक्फ बोर्ड ने किया स्वागत, कहा- चुनौती देने का कोई विचार नहीं - sunni central waqf board is not thinking to challenge ayodhya verdict: zafar farooqui
Sunni Central Waqf Board: अयोध्या फैसले का यूपी सुन्नी सेंट्रल वक्फ बोर्ड ने किया स्वागत, कहा- चुनौती देने का कोई विचार नहीं – sunni central waqf board is not thinking to challenge ayodhya verdict: zafar farooqui
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नवभारतटाइम्स.कॉम | Updated: 09 Nov 2019, 08:04:51 PM IST
हाइलाइट्स
अयोध्या विवाद पर सुप्रीम कोर्ट के बहुप्रतीक्षित फैसले का यूपी सुन्नी सेंट्रल वक्फ बोर्ड ने किया स्वागत
बोर्ड के अध्यक्ष जुफर फारूकी बोले- सुप्रीम कोर्ट के फैसले को चुनौती नहीं देगा यूपी सुन्नी सेंट्रल वक्फ बोर्ड
5 एकड़ जमीन लेने को लेकर बोर्ड के मेंबर के साथ बातचीत के बाद बोर्ड लेगा फैसला
#BibiRussell, #Farooqui, #CulturalMinister, # EeshitaAzad, #AlyZaker- all the bigshots in a single frame. Thanks to Sudha apu for this photo. (at Policy Breakfast on Bengali Culture and Identity by NDI & IID)
