Another Decision Lets Down Women!

Another Decision Lets Down Women!
This time of fulbrights scholar pursuing PhD from Colombia University has been told that the "Forceful" act of her "Good Friend" of "Taking away her sexuality" even after she said no did not amount to Rape. WHY? Because she failed the "Test Of Denial". but that 'No' was not strong enough to mean a No rather it mean yes even when she was unwilling and explicitly expressed that to accused what got communicated to him was that she was willingly consenting and will fully participating in the act. Surprisingly, she communicated her consent by repeatedly saying no! the judgement of Delhi High Court has reasoned it out by creatively highlighting the naunced shade of a "feeble no" or "feeble hesitation" between an Express Yes and No. A "feeble no" has been defined to a mean a "yes" in the "instances of women behaviour" and it is further explained that "feeble hesitation can never be understood as a positive negation by the other partner." The court has therefore, cast a duty upon the prospective victims in each case to ensure that there is a loud and clear NO even if she was in Physical and Emotional Trauma. As per the decision, this categorisation comes into play when " the parties are known to ask each other, are persons of letters and a intellectually/academically proficient, and if, in the past, there have been a physical contacts in which case little or more resistance and a feeble No would not mean a denial of consent". The court, erroneously failed to consider that in many cases the victim 'go along' not because they're consenting or wish to participate in the act, but because the perprators are often forceful and the victims fear that something bad or worse would happen if they do not keep silent, as it happened in the present case. The victim had duly communicated her denial to the accused by saying no when he asked her and had also given him a push, but she went a long as she was afraid. She was not Consenting, she was Fearful. There was no consent of any kind by any stretch of imaginative interpretation of the term as per the IPC (Indian Penal Code). The decision would also have a bearing on the issue of marital rape, which would be an alien concept post the invention of the different shades of 'no'. Invariably, in all the cases of marital rape the degree of 'no' falls in the 'feeble no' category. The absence of any real resistance would be as per the judgement, "re-affirm willingness" as "an expression of disinclination alone,that also a feeble one may not be sufficient to constitute rape." More over due to past physical contact there would be an element assumed consent and it would not matter that one of the partners to the act is a bit hesitant. such feeble hesitation couple with the history of physical contact would put the rest the whole debate on marital rape. However, it is not the first instance that the court have, instead of seeing women as equal autonomous beings, viewed cases of sexual assault through the male-centric lens.

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