IMPLICATION OF CONSENT IN RAPE JURISPRUDENCE IN INDIA

Abstract

A feminine perspective of rape can be explained in a single sentence that if a woman does not desire to have proximity or physical contact with a specific man and still that man imposes himself and chooses to proceed against her will, it is a crime as heinous as that of rape, However, that is not and never has been the legally accepted definition of rape that too without any fault or accountability of women. The orthodox patriarchs came together and wrote their early covenants using the word rape of women to forge their self-attained male supremacy and power to take over, how then possibly, they could ever see rape to be a crime of a man against the very basic existence of a woman, that is her body autonomy. A woman was completely owned subsidiary and not someone who had an independent existence and hence the rape could not be seen or envisioned as a matter of consent of someone, who never existed and was referred as a commodity that is, women. In this pretext nor in any other, would there be a definition acceptable to these men be based on a man and his understanding of a woman’s right to her bodily integrity. Rape entered the law through the gloomy corridors and the black doors as if it was a property crime of man against the other man whose property women of course were and viewed as.[1].