News Tags: Supreme Court's stance on consent dynamics

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Supreme Court Recognizes Dynamic Nature of Consent in Sexual Relationships

The Supreme Court of India has issued a landmark judgment clarifying the evolving nature of consent in sexual relationships. The Court, in a recent order, emphasized that initial consent in a relationship does not automatically translate to perpetual consent. This case involved an FIR filed against a man accused of rape. In fact, The accused argued that the relationship with the woman was consensual and the FIR was a retaliation for a blackmailing complaint he had filed against her. Understanding the Sexual Relationships Case: Rajkumar v. State of Karnataka Importance of Ongoing Consent: A Shift in Focus The Court, however, took a different stance. A bench comprising Justices Aniruddha Bose and Sanjay Kumar stated that “the character of such Sexual Relationships at it was when started will not continue to prevail” if one partner withdraws consent. This highlights a crucial shift in focus – consent is not a one-time event; it’s an ongoing process requiring continual affirmation from both partners. Key Takeaways for a Clearer Understanding Here are the key takeaways from the Court’s decision: The Court acknowledged a previous ruling (Shambhu Kharwar vs. State of Uttar Pradesh & Anr., 2022 INSC 827). In fact, This ruling established that a consensual Relationships cannot be considered rape. However, they emphasized the importance of ongoing consent in this case. Impact and Significance of the Ruling The Court upholds individuals’ right to withdraw consent, protecting them from non-consensual sexual activity. Moreover, The landmark judgment is expected to impact rape cases significantly in India. […]