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Showing posts with the label Consent

Evolving Concept of Consent and Rape: Mahmood Farooqui Case

Recently, in an order delivered through single bench, the Delhi High Court in Mahmood Farooqui v. State acquitted the defendant of the charges of rape alleged by a US research scholar, reversing the order of the trial court. The judgment has been subjected to much criticism by the intelligentsia and feminist groups from all over the country, terming it as ‘dangerous’ and ‘outrageous’.  Judiciary has also been criticized and accused of misogyny and gender biases. Now, in the opinion of the author, the judgment is a well crafted and well thought one, which has been rendered after taking all the circumstances into consideration. This article tries to bring out the intricacies of ‘consent’ how it is to be read in context in the present case. During the course of this article, the author will analyze of the judgment and its various aspects and will also try to justify it. Brief Facts- The Prosecutrix, a US research scholar was in search of some contact for getting information