Drunk woman’s consent for sex is not valid, says Bombay HC Parrikar says forces have full freedom after Army chief’s J&K comment row Numbers game wide open in Tamil Nadu
The Bombay high court held that “a woman, when intoxicated is incapable of giving a free and conscious consent to a sexual relationship.” The court has held that in such a circumstance, even if the woman consents to a sexual relationship, it will not be considered valid or as an “excuse for committing rape.”
The court said in the case of rape, when a woman says “No” to sexual intercourse even once, it must signify she is unwilling. Similarly, when she says “yes, this yes must be free and unambiguous” for the incident to not amount as rape.
“Not every ‘Yes’ is covered as valid consent defined under section 375 of the Indian Penal Code (IPC). The term ‘without a woman’s consent’ has a wider meaning and covers a broader area of her wish to have sexual intercourse,” said justice Mridula Bhatkar, adding that “silence, or uncertainty” in itself, cannot demonstrate consent.
Defence minister Manohar Parrikar said military commanders had “full freedom” to decide on how to conduct their operations in J&K. Parrikar’s remarks come in the backdrop of a debate over army chief Bipin Rawat’s comments that those who hinder counter-insurgency operations or display flags of Pakistan and IS in Kashmir will be considered “anti-national”, and soldiers will not hesitate to use weapons.
Two rival camps in Tamil Nadu’s ruling party braced for an assembly trust vote on Saturday as experts indicated chief minister E Palaniswami’s wafer-thin majority and several unhappy legislators could make the floor test go down the wire.
The day began with a jolt for Palaniswami — a loyalist of AIADMK chief VK Sasikala — with former state police chief and MLA R Nataraj switching sides to former chief minister O Panneerselvam’s camp.
“I took this decision listening to the views of my voters,” said the Mylapore legislator, who was not among the 120-odd MLAs lodged in the high-security luxury resort outside Chennai.
O Panneerselvam and E Palaniswami: