A new law in India criminalizes the false promise of marriage for sexual exploitation

In an attempt to tackle a prevalent form of sexual abuse, a new law in India criminalises men who, under the false pretense of marriage, have sex with women. This offense is now punishable by up to 10 years in prison and a fine. The law, however, has sparked debate about its enforcement, effectiveness and potential for misuse.

Article 69 of the new statute targets those who exploit women's trust by promising marriage or using deceptive means, such as false promises of career advancement or assuming a false identity, to have sex. This law is a response to numerous cases in which men have been accused of luring women into sexual relations with the promise of marriage.

In India, social norms place a high value on female virginity, and marriage negotiations often involve substantial dowries. Premarital and extramarital sex is generally considered taboo, making any perceived impropriety a potential obstacle for a woman to achieve marriage.

Supporters of the law, such as Audrey Dmello, director of Majlis Law, a women's rights NGO in India, argue that it validates women's experiences and addresses the under-reporting of cases of violation of “promise to marry -se”. Previous court decisions have been inconsistent in these cases, with some recognizing sex under false pretenses as non-consensual and others distinguishing between broken and false promises of marriage.

However, critics question the enforcement of the law, citing the difficulty of proving deception and intent to marry in court. Legal counsel Gopal Krishna expressed concern about proving a person's intent, while Tanvir Siddiki, another legal counsel, pointed to the removal of the requirement for medical examinations, which could complicate the prosecution's ability to demonstrate sexual exploitation.

The law has also raised concerns among younger Indians who see it as out of touch with the country's evolving attitudes towards dating and premarital sex. Some fear the possible misuse of Section 69 against men. Despite these concerns, Dmello maintains that the law empowers women and promotes equality, marking a significant change in social norms.