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The Supreme Court of India recently highlighted a concerning trend: the increasing criminalization of prolonged consensual relationships that subsequently end poorly. This practice, the court argued, represents a significant misuse of criminal jurisprudence. The case involved Mahesh Damu Khare, a social worker, who appealed a 2018 Bombay High Court judgment that dismissed his petition to quash an FIR filed against him by a widow. The FIR, lodged in 2017, alleged rape based on a relationship spanning several years. The Supreme Court's decision emphasizes the need for careful consideration of the context and duration of relationships before applying criminal charges. The judgment serves as a crucial precedent, urging courts to distinguish between genuine criminal intent and the fallout from a civil dispute.
The core of the Supreme Court's argument rests on the principle that attributing criminal intent to a long-term, consensual relationship that ends badly is fraught with danger. Justice BV Nagarathna and Justice N Kotiswar Singh underscored the potential for serious consequences if such relationships are retroactively deemed criminal. The court emphasized that making allegations of criminality at a belated stage opens the door to abuse. Any person involved in a long-term relationship could potentially face such charges once the relationship breaks down. This would create a chilling effect on relationships and could lead to the weaponization of the criminal justice system in personal disputes.
The justices were particularly critical of cases where a promise to marry is used to prosecute a man following the breakdown of a long-term relationship. They clarified that a broken promise to marry, in and of itself, doesn't automatically constitute a criminal act, particularly if the promise wasn't made with the initial intention to deceive. The court emphasized that the intention must be malicious from the very start. The case in question involved a relationship that lasted nearly a decade, with the complainant admitting to the relationship's consensual nature until its deterioration. The court found that the lack of protest or complaint from the woman throughout the nine years indicated consent, negating the claim of forced sexual relations.
The Supreme Court's decision highlighted the importance of examining the entire factual matrix of the allegations before initiating criminal proceedings. The court's determination hinges on the concept of a ‘prima facie’ case, which assesses whether sufficient evidence exists to warrant further investigation. In the Khare case, the court did not find a ‘prima facie’ case for rape, noting the long duration of the relationship without protest, the absence of allegations of cheating, and the lack of evidence to support accusations of other offenses. This approach aligns with the court's effort to prevent the misuse of criminal law in cases where civil remedies might be more appropriate.
A crucial aspect of the Supreme Court’s judgment lies in its analysis of consent. The court clarified that a prolonged physical relationship, knowingly maintained by a woman, cannot automatically be deemed non-consensual merely because a promise of marriage was broken. The court emphasizes the need to demonstrate a direct causal link between the promise of marriage and the physical relationship itself. Other factors, including personal liking and mutual consent outside the promise, need careful consideration. The court highlighted that the absence of protest and insistence on marriage for an extended period significantly weakens the argument for non-consensual relations. The lack of immediate complaint after the promise was broken further supports the conclusion that the relationship was consensual.
The Supreme Court's ruling also addresses the issue of the timing of allegations. The court suggests that the delay in lodging a complaint in cases of alleged false promises to marry is a factor that should raise suspicion. An undue delay in reporting such a promise indicates the unlikelihood of such a promise being made with deceptive intentions from the outset. The court emphasized that a timely complaint would be a stronger indicator of the false promise, suggesting that the delay in the Khare case significantly weakened the complainant's argument. The long duration of the relationship, coupled with the absence of any protest or complaint for nine years, suggests the absence of coercion.
In concluding, the Supreme Court reversed the Bombay High Court's order, emphasizing that allowing the criminal proceedings to continue would be an abuse of court process. The court found no evidence of rape or other criminal offenses, highlighting the potential for misuse of the legal system in cases involving the breakdown of long-term consensual relationships. The judgment serves as a critical reminder that the criminal justice system should not be readily employed to address disputes best handled through civil means. The decision effectively protects individuals from being unjustly accused and prosecuted based on relationships that, while ending badly, do not necessarily involve criminal culpability. The ruling sets a clear precedent, guiding lower courts in navigating similar cases and helping to prevent the misuse of criminal law in personal conflicts.
The case of Mahesh Damu Khare serves as a pivotal landmark in Indian jurisprudence, shaping how courts approach cases involving long-term relationships that end in acrimony. The judgment underscores the need for a thorough and nuanced examination of the facts, prioritizing a fair and balanced application of criminal law. It warns against a hasty and possibly erroneous application of the law in personal disputes, reinforcing the importance of using legal tools suitable to the context of the conflict. By stressing the importance of the duration and nature of the relationship, the timing of complaints, and the intent behind alleged promises, the ruling promises to offer much-needed clarity and safeguard against the unfair use of the criminal justice system.
Source: 'No Criminality In Prolonged Relationships': SC Flags Misuse Of Law In Soured Consensual Cases