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Clarity on consent in sexual relations is key in curbing rape
Mutual consent is the accepted basis of any intimate relationship. A plethora of cases are regularly reported in which “consent” becomes a bone of contention between the parties, with one insisting on its absence while the other on its presence. Many criminal justice systems in the world are making efforts to set a standard of consent in cases of sexual offences. It is also fundamental to understand consent to eliminate rape shield defences that continue to haunt rape survivors. In the absence of a clear understanding of the concept of consent, they are left without a sense of justice. Thus, evolving an understanding of consent becomes imperative.
A recent survey by the online dating app Tinder has revealed that young adults are largely ignorant about the importance of seeking consent in a sexual relationship. About 65% of respondents in the age group of 18-30 stated that they do not have adequate knowledge on what constitutes consent, and how it should be sought. The latest National Crime Records Bureau data reveals that there is one rape every 16 minutes in India. The statistics are horrifying. But these are just the official numbers and the reality is even more appalling. Every day, we come across reports of room partners allegedly raping their roommates despite sharing platonic relationships, the shocking instances of digital rape, and the non-criminalisation of marital rape, which exacerbates the issue of underreporting of rape as these acts seldom make it to the official statistics due to lack of sensitisation around consent.
Consent is defined under Sections 90 and 375 of the Indian Penal Code (IPC). While Section 90 defines consent generally as unequivocal and voluntary, Section 375 defines situations regarding what will constitute a violation of consent in cases of rape. The initial amendment regarding consent in rape laws was triggered as an aftermath of the decision in Tukaram v. State of Maharashtra. This resulted in the Criminal Amendment Act, 1983 which added Sections 376B, 376C, and 376D in IPC, and simultaneous change was brought in the Indian Evidence Act by incorporating Section 114A, which presumes the absence of consent if the victim contends absence of consent in sexual intercourse if the act of sexual intercourse is proved. Subsequently, Section 53A was added in 2018 to counter the character assassination of the survivor to imply consent based on the sexual history of the woman. The amendments are introduced based on the Justice Verma Committee Report that sheds light on the interpretation of consent as unequivocal in the light of the recommendations made by the 84th Law Commission of India: “Consent is the antithesis of rape. Some may find any discussion on consent too complicated. When circumstances in life present an infinite variety, the law must be well equipped to deal with them, nuances of consent are therefore unavoidable.”
An attempt is being made to redefine consent as an affirmative expression across different jurisdictions. Recently, the “only yes means yes” law was introduced in Spain after the La Manada case jolted the country because of the inability of the then rape laws to provide justice to the survivors of gang rape. The laws in the United Kingdom and Canada have also been modified to add the element of “affirmative consent”. In India, even though Section 375 doesn’t explicitly use the term “affirmative consent”, the text implies that the standard of consent is on a par with that sought by the United Nations Handbook, in terming/requiring consent as “voluntary and unequivocal” and making it mandatory for the parties to take active steps to ascertain consent.
However, the practical reality shatters the academic and legal discussion on the concept of “consent”. The general public finds affirmative consent difficult to fathom and sometimes too regulatory in nature. The field experiences reflect how understanding consent is so deeply laden with patriarchy, despite bodily autonomy being considered a fundamental right, that the discussion on consent still remains a privileged affair. Contextual circumstances, such as power disparities, relational dynamics, material inequalities, and socio-cultural norms continue to plague not only the members of the society but also the institutions trusted to enforce the provisions of law.
While the change in law on consent is a welcome step, it needs to be brought with necessary measures that fill the gaps that dilute the evolving understanding of consent. Guidelines that aid in interpreting active consideration of consent need to be drafted. The idea should percolate to all levels of the criminal justice system through frequent capacity-building exercises to equip the stakeholders with the confidence and intent to handle such cases with empathy.
Siddhartha Misra is a senior assistant professor, faculty of law, University of Delhi, and Anukriti Sharma is a research officer at TISS, Mumbai. The views expressed are personal
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Slack co-founder Stewart Butterfield’s missing daughter ‘at risk’ due to ‘previous threat of suicide,’ cops say
The runaway daughter of Slack co-founder Stewart Butterfield is believed to be “at risk” because of a “previous threat of suicide,” police have said. 16-year-old Mint Butterfield was reported missing earlier this week. The teen, who is non-binary and uses they/them pronouns, reportedly fled their mother’s home in Bolinas, California.
Flickr founder Caterina Fake, Mint’s mom, alerted authorities after finding a letter they had left behind. It is believed Mint could have been on her way to San Francisco’s very dangerous Tenderloin District neighbourhood.
“At this time, we have no information to believe that Mint was taken against their will. The Sheriff’s Office is considering Mint a voluntary-missing juvenile, who is “At- Risk” due to a reported previous threat of suicide,” a statement by the Marin’s County Sheriff’s office read.
How did Mint Butterfield leave the area?
Mint fled the house with a suitcase “during the night or early morning,” according to authorities. “Fake and Mint also share a home in San Francisco, and it is believed, based on statements from Fake, that Mint may have left for the Tenderloin District of San Francisco,” the statement says.
The sheriff’s office also noted that Mint did not have access to a phone or any kind of vehicle, so it is unclear how they left the area. The San Francisco Standard reported that Mint has a history of substance abuse. They had been living with their mother before they went missing. Mint was enrolled at a private school in the Napa area.
Mint was known for having frequently visited the Tenderloin area. The area is notorious for open-air drug markets, homelessness, and violent crimes.
“Marin County Deputies entered Mint into the Missing and Unidentified Persons System (MUPS) and sent out All Points Bulletin flyers to surrounding law enforcement agencies with a description and photograph of Mint,” the sheriff’s office said.
It added, “In collaboration with San Francisco Police Department, detectives from both agencies have attempted to find Mint, but have been unable to locate them.”
Mint’s father, Stewart, co-founded Slack back in 2013. He left the company after it was acquired by Salesforce for $28 billion in 2021.
The sheriff’s office has urged people with information on the incident or Mint’s whereabouts to contact the Marin County Sheriff’s Office at (415) 479-2311 or email tips@marinsheriff.org.
Discussing suicides can be triggering for some. However, suicides are preventable. If you or someone you know is considering suicide, please contact the National Suicide Hotline at 1-800-273-TALK (8255).
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KKR vs PBKS, IPL 2024: Catch all the action in images
Published on Apr 27, 2024 12:11 AM IST
- PBKS defeated KKR by eight wickets in their IPL 2024 fixture, on Friday at Eden Gardens in Kolkata.
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Published on Apr 27, 2024 12:11 AM IST
Punjab Kings defeated Kolkata Knight Riders by eight wickets in their IPL 2024 fixture, at Eden Gardens.(PTI)
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Published on Apr 27, 2024 12:11 AM IST
Chasing 262, PBKS reached 262/2 in 18.4 overs, courtesy of an unbeaten ton by Jonny Bairstow. Bairstow smacked an unbeaten knock of 108* runs off 48 balls and Shashank slammed 68* off 28 deliveries.(AP)
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Published on Apr 27, 2024 12:11 AM IST
For KKR’s bowling department, Sunil Narine took a wicket.(PTI)
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Published on Apr 27, 2024 12:11 AM IST
Initially, Phil Salt (71) and Narine (71) took KKR to 261/6 in 20 overs.(KKR-X)
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Published on Apr 27, 2024 12:11 AM IST
For PBKS’ bowling department, Arshdeep Singh took two wickets.(ANI)
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UWW threatens to suspend WFI and India’s wrestlers too
Ten days after sports ministry told the Delhi High Court that it will neither recognise nor provide any support to Wrestling Federation of India (WFI), United World Wrestling (UWW) has warned that government interference could lead to WFI being suspended again. This time, the suspension could extend to the wrestlers as well.
In a strongly-worded letter signed by UWW president Nenad Lalovic, wrestling’s global governing body has reiterated its determination to uphold WFI’s independence and autonomy.
“We have been informed that the Wrestling Federation of India is once again threatened by your Ministry of Sports with the imposition of an ad hoc committee to oversee its affairs,” UWW wrote.
“In case any decision or order should be made against your federation, and a third party be designated to run the daily affairs of our sport in India in violation of the UWW Statutes, UWW would have no other option than to re-impose a temporary suspension of your federation until further notice, and which, this time, could maybe include your athletes.
This suspension would apply to the final Olympic Games Qualifying Tournament in May, and will certainly attract the attention of the IOC on this matter, who may also consider further action,” UWW noted.
On Wednesday, a day before UWW’s letter, WFI appointed the Athletes Commission in accordance with the world body’s demand. Former Commonwealth Games gold-medallist Narsingh Yadav was elected chairman of the commission.
Ban lifted in February
UWW had placed the WFI under provisional suspension in August 2023 after WFI’s continued delay in holding elections. The ban was lifted this February. A month later, Indian Olympic Association (IOA) reinstated WFI and dissolved the three-member ad hoc committee constituted to run the sport.
WFI, however, continues to remain under suspension since last December by the ministry. Earlier this month, the ministry told the Delhi High Court that it might review the suspension only after there is visible improvement in WFI’s governance.
The ministry, in the affidavit filed through standing counsel Anil Soni, added that it would treat any national championships or competitions organised by WFI as unsanctioned and unrecognised. The Sanjay Singh-led WFI has held national championships as well as selection trials for the Olympic qualifiers.
“It is further submitted that the Ministry is continuously monitoring the governance of the WFI and at present does not deem it appropriate at this stage to review its decision dated 24/12/2023. Any review will be undertaken only after marked and visible improvement its governance, demonstration of compliance of UWW’s order and IOA’s order dated 18.03.2024 and steps taken Expiry Date 15/03/2025 WFI with regard to its democratic functioning, adherence to the Government guidelines aiming towards good governance practices including grievance redressal mechanism and safety of wrestlers,” the ministry had told the court.
In an earlier hearing this month, the court had considered setting up an ad hoc committee for running WFI.
“UWW’s letter must be taken very seriously. WFI is an autonomous body and there is no need for ministry’s suspension or interference,” Sanjay Singh said.
“The fact that UWW’s ban may extend to the wrestlers is a first in our history. The government must allow us to function independently,” a senior WFI official said.
While WFI continues to grapple with the government, Indian wrestlers’ performance has been a major cause of concern. At the Asian Olympic Qualifiers in Bishkek last week, Indian bagged quotas through Vinesh Phogat (50kg), Anshu Malik, (57kg) and Reetika (76kg), adding to Antim Panghal’s 53kg berth. The male wrestlers, both freestyle and Greco Roman, drew a blank.
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