Protecting women from deceitful men or criminalizing break-ups? A new law in India stirs debate

CNN —

Men who deceitfully break off promises of marriage after having sex with a woman could face up to 10 years in prison, as Indian law grapples with a widespread but often ignored form of sexual abuse.

But the new law has also provoked questions about how it will be applied, whether it can effectively protect women from sexual exploitation and whether it risks criminalizing break-ups.

Prime Minister Narendra Modi’s government introduced a new criminal code in early July, replacing India’s 164-year-old colonial-era penal code.

Section 69 of the new statute criminalizes having sex with a woman “by making a promise to marry (her) without any intention of” doing so, or by “deceitful means” such as falsely promising career advancement or marrying under a fake identity.

The crime is punishable by up to 10 years’ imprisonment and a fine.

Though the law is new, the concept is not – many women have previously brought such cases to court, accusing men of luring them into sexual relationships by dangling promises of marriage.

Indian society has generally conservative attitudes towards sex, with a strong emphasis on female virginity and often pricy dowry negotiations attached to unions. Premarital and extramarital sex therefore remain taboo for many – and any suggestion of impropriety may make it more difficult for a woman to secure a marriage.

Audrey Dmello, director of Majlis Law, a women’s rights NGO in India, supports the new law. She argues “promise to marry” rape cases are under-reported and needed to be tackled through legislation.

“Having such a law gives women validity as to what happened to them,” she told CNN.

Protestors hold placards and shout slogans during a march for women's rights in New Delhi, India, on