EVALUATION OF WOMEN S CONSENT IN CERTAIN CRIMES IN INDIA

Abstract

Criminal law is one of the most sensitive areas which can exercise unalterable impact on the lives of people. The criminal justice system aims to protect the right to personal liberty against invasion by others to protect the weak against the strong, law abiding against lawless, peaceful against the violent. With respect to victims of sexual offences the criminal justice system aims to better protect the women s physical safety against violent sexual aggression. However in practice the criminal law does more harm than good to women. newlineIt collides and conflicts with women s choices and sexual autonomy. Statics for incarceration of men and women indicates that only 3.9% of women are convicts whereas 96.1% are men1. In the face of overwhelming statistical evidence it is clear that the perpetrators are men leaving women as the victims in most cases. The majority offences against women are sexual offences; rape is the fourth most common crime against women in India, marital rape exist to a large extent, violent destruction of body sanctioned by early consummation of marriage and sex selective abortions are some of the illustrations of crime against women newline