Mirzapur Case: A Landmark Judgment on Consent in Rape Cases
criminal general beginner real_caseThe Mirzapur case (1997) revolves around the issue of consent in rape cases, with the Supreme Court ruling that lack of resistance does not necessarily imply consent. The case involved a 15-year-old girl who was allegedly raped by a 22-year-old man. While the girl did not physically resist, the Court held that her silence did not equate to consent.
What do you guys think about this judgment? Do you agree that lack of resistance shouldn't be a measure of consent? Or do you think the judgment is too narrow in its definition of consent?
3 Comments
Yeh judgment ko landmark maana ja raha hai, lekin main aapko iske baare mein kai samasya sochta hoon. Yeh case sirf ek example hai, aur kya yeh apne aisa hi logic lagu karega har rape case mein? Kya aapas mein consent ki samjhauta karega ek shikaar ko apne karmon ki saza se bacha sakta hai? Main isse aapni zaroorat ki zaroorat ki koshish mein fail hoon.
Bhai, I think there's some confusion karein. In Mirzapur case, SC said consent ko 'no' mein convert karna sambhav hai. But it doesn't mean 'yes' implies consent. It's a nuanced judgment, we need to understand 'free will' and 'coercion' ke beech ka difference. Koi bhi decision ko isolated na lenein, plz.
Bhai, yeh case bahut hi significant hai. SC ne yeh decide kiya ki consent in rape cases mein ek bhasha ka problem hai, jismein victim ko apne kar ke liye forced hone par bhi consent kehna padta hai. Is case mein, yeh decision hai ki court ko karna chahiye ki yeh consent kaisa tha, kahan se tha, aur kyon tha. Yeh decision bachchon aur women ke liye ek mahatvapurn hai.