Rape vs consensual sex: Delhi HC flags cases stemming from 'workplace relationships' that turn sour
Rape vs consensual sex: It becomes the responsibility of the legislature as well as the executive to enact laws and implement them so as to ensure women's safety and well-being, the HC noted.
- Feb 11, 2025,
- Updated Feb 11, 2025 4:48 PM IST
Close proximity at workplace that often results in consensual sexual relationships which later get reported as crimes such as rape after they turn sour, the Delhi High Court has observed while granting bail to a rape accused in a case registered by a woman colleague last year.
“In the present times, many a times close proximity at workplace results in consensual relationships which on turning sour, get reported as crimes, making it pertinent to be conscious of the distinction between the offence of rape and consensual sex between two adults,” Justice Neena Bansal Krishna said.
During the bail hearing, the accused submitted before the court that he and the woman were "deeply in love with each other" and the relationship was mutual and consensual. It was stated that the accused came to know that the woman was also dating someone else and later she broke all ties with him.
“The present case, is also from the same genre wherein the applicant and the prosecutrix developed sexual proximity while working in the same workplace, but after about one year, the relationship turned sour resulting in the present case with allegations of force and rape,” the court said.
It noted that the accused had been in judicial custody since May 30, 2024, and that no fruitful purpose would be served in keeping him behind bars for an inordinately long time.
The court further stated that in the changing times, when women are emerging and becoming a relevant part of the workforce, it becomes the responsibility of the legislature as well as the executive to enact laws and implement them so as to ensure their safety and well being. “The courts have an equal corresponding responsibility to interpret and apply the laws pragmatically to given situations to ensure that the protection of law is a reality and not merely a paper protection,” said Justice Krishna.
She added: “However, a more onerous duty lies on the courts to also be a watchdog to apply an even hand and deal with a given situation in a manner to prevent its abuse and misuse by any person.”
Close proximity at workplace that often results in consensual sexual relationships which later get reported as crimes such as rape after they turn sour, the Delhi High Court has observed while granting bail to a rape accused in a case registered by a woman colleague last year.
“In the present times, many a times close proximity at workplace results in consensual relationships which on turning sour, get reported as crimes, making it pertinent to be conscious of the distinction between the offence of rape and consensual sex between two adults,” Justice Neena Bansal Krishna said.
During the bail hearing, the accused submitted before the court that he and the woman were "deeply in love with each other" and the relationship was mutual and consensual. It was stated that the accused came to know that the woman was also dating someone else and later she broke all ties with him.
“The present case, is also from the same genre wherein the applicant and the prosecutrix developed sexual proximity while working in the same workplace, but after about one year, the relationship turned sour resulting in the present case with allegations of force and rape,” the court said.
It noted that the accused had been in judicial custody since May 30, 2024, and that no fruitful purpose would be served in keeping him behind bars for an inordinately long time.
The court further stated that in the changing times, when women are emerging and becoming a relevant part of the workforce, it becomes the responsibility of the legislature as well as the executive to enact laws and implement them so as to ensure their safety and well being. “The courts have an equal corresponding responsibility to interpret and apply the laws pragmatically to given situations to ensure that the protection of law is a reality and not merely a paper protection,” said Justice Krishna.
She added: “However, a more onerous duty lies on the courts to also be a watchdog to apply an even hand and deal with a given situation in a manner to prevent its abuse and misuse by any person.”