Controlling women’s sexual autonomy

 might seem like a women-centric lity.

The Bharatiya Nyaya Sanhita, 2023, through Clause 69, proposes to criminalise sex which is based on the promise to marry when there was no intention of fulfilling the same. While the clause also covers “deceit”-based sex beyond the promise to marry, the focus here is on cases where there is a promise to marry.

Fundamental questions emerge from the proposed clause. Should criminal law have a role to play in sexual relationships that involve a false promise to marry? What does it mean for how we understand the sexual autonomy of women? It might seem like a women-centric proposal, but Clause 69 is steeped in misogynistic notions about women’s sexuality. It casts women as perpetual victims who can be “duped” into having sex, and effectively denies them sexual autonomy. The understanding is that criminal law has to come to the rescue of a woman since the only way for her to reclaim her position in society as a “good woman” is by filing criminal charges against the man unless he agrees to marry her.