The Orissa High Court has dismissed rape charges against a police sub-inspector, clarifying that a relationship not leading to marriage does not constitute a crime. The ruling, delivered by Justice Sanjeeb Panigrahi, came after a woman filed charges claiming she was deceived into a physical relationship under the false promise of marriage.
The court observed that while the dissolution of a relationship might lead to personal grievances, it does not amount to criminal deception. The judgment underscored that legal protections are not extended to every broken promise nor does the law criminalize failed relationships. The couple entered into a consensual relationship in 2012 while both were adults capable of making informed decisions about their lives.
The relationship began while the two were attending a computer course in Sambalpur district. In 2021, the woman initially accused the sub-inspector of rape, alleging he had promised to marry her. She also claimed that they had planned to solemnize their marriage at the Samaleswari Temple and had applied for registration under the Special Marriage Act, but he failed to appear at a critical court date.
In 2023, the case escalated when she sought legal acknowledgment of their supposed marital status in family court and attempted to prevent him from marrying someone else. However, the High Court’s recent ruling emphasized the need to distinguish between the constructs of sex and marriage both legally and socially.
Justice Panigrahi’s judgment also touched upon broader themes of sexual autonomy and the cultural bindings of marriage. He criticized the patriarchal expectation that equates female sexuality and agency solely with marital commitment. The court recognized the significance of upholding a woman’s right to make choices about her body and relationships independently of marriage.
Highlighting feminist perspectives, the judge cited Simone de Beauvoir’s arguments against the historical subjugation of women’s choices. He argued that the law must resist outdated patriarchal notions that view intimacy solely as a prelude to marriage. The decision is seen as a progressive step towards honoring individual rights over societal expectations and reaffirms the legal system’s role in protecting personal autonomy without imposing traditional constraints.
