Written by Sneha M, 4th year B.A., L.L.B. (Hons), VIT School of Law, Chennai, as part of their internship at Sathiya & Sanjesh Law
In a society that can go up to killing in the name of honour, it is no surprise that the virginity of a woman holds a lot of importance. This brief aims to analyse and expose the predatory practice of men who leverage this social value placed on virginity to coerce women into sexual activity under the false promise of marriage. It argues that consent obtained through such deception is invalid and constitutes sexual assault, highlighting how these false promises can be used as a path to escape a legitimate marriage.
Men exploit the societal pressure surrounding virginity by weaving a web of elaborate lies, culminating in a staged marriage ceremony. This charade serves two purposes. First, it allows the perpetrator to fulfil his predatory desires under the guise of marital relations. Second, it creates a legal loophole for escape. This loophole is the so-called marriage that the man initiates after such a claim is made by the woman, and then the man plays the annulment card. By requesting an annulment, the legal nullification of a marriage deemed invalid from the start, the perpetrator attempts to erase the marriage entirely, leaving the victim with the emotional and physical scars but without legal recourse. The very act of requesting an annulment based on a false promise exposes the perpetrator’s lack of genuine intent to marry.
Entering into legal jargon, Section 90 of the IPC deals with consent obtained under false promise of marriage. It ensures that once it is established that consent given is due to a misconception of fact, it may constitute rape under Section 375 of the Penal code. In the case of Pramod Suryabhan Pawar v. State of Maharashtra, the Supreme Court provided a litmus test for this section. It noted that to establish whether the “consent” was vitiated by a “misconception of fact” arising out of a promise to marry, two propositions must be established. Firstly, the promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given. Additionally, the false promise itself must be of immediate relevance, or bear a direct nexus to the woman’s decision to engage in the sexual act.
Section 12 of the HMA becomes a weapon in this manipulation. Once the perpetrator sees the legal charge coming his way, the power he holds over the woman comes into picture as he uses her own values against her and marries her temporarily as a way to escape the Section 90 charge. When a person is taught her entire life that her virginity is precious and the only man she shall engage in intercourse with shall be her husband, the loss of such virginity without a marriage leads to nothing but emotional turmoil for her. Thus, she is vulnerable to the whims of this man. So, when he comes back to her with marriage on the plate, she jumps at an opportunity to restore her own faith in what she has been taught her entire life. An annulment is a way for the man to nullify their marriage in a manner so that he gets his win – there is no false promise anymore as there was a marriage ceremony, and he also nullifies it under some ground that more often than not makes no sense.
Beyond the physical violation, the emotional trauma is profound. The victim not only experiences the betrayal of a supposed partner but also the potential social stigma associated with an annulled marriage. The justice system must recognize the manipulative nature of false promises and annulment requests used as nothing but escape routes. Shifting the burden of proof is crucial. Instead of the woman proving the absence of consent, the man should be required to demonstrate a genuine intention to marry and a legitimate reason for the annulment.
In conclusion, the societal obsession with virginity fosters a breeding ground for predation. Men exploit this pressure with calculated cruelty, using false promises of marriage to coerce women into sexual activity. The subsequent annulment becomes a weapon to erase their crime, leaving the victim with emotional and physical scars while escaping legal consequences. The justice system must dismantle this manipulative scheme and empower women. Shifting the burden of proof is crucial. Women should not have to navigate a legal labyrinth to prove the absence of consent. Instead, hold the perpetrators accountable by requiring them to demonstrate genuine intention to marry and a legitimate reason for the annulment. Furthermore, recognizing an annulment based on a false promise as an admission of guilt strengthens the case for sexual assault charges. By prioritizing women’s safety and dismantling this manipulative loophole, the justice system can ensure that these calculated acts no longer leave victims emotionally shattered and legally defenceless.
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