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Rape accused in India granted bail to marry victim, sparks fury at ‘patriarchal’ courts

Critics are angry at how offenders are allowed to use marriage as a way to mitigate a rape charge

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An Indian wedding couple. A court in India has allowed a man out on bail to marry his victim. Photo: Shutterstock
SCMP’s Asia desk
A regional court in eastern India has allowed a man who was jailed for raping a minor to marry his victim, in a case which has reignited debate on rape victims’ rights and the controversial “marry-your-rapist law”.

According to the 22-year-old woman, she and the man started a physical relationship in 2019 – when she was 16 – after he had promised to marry her. She became pregnant twice, in 2020 and 2022, and he allegedly forced her to terminate both pregnancies.

The 26-year-old man was jailed in 2023 under the Protection of Children from Sexual Offences Act, a gender-neutral law in India that aims to protect those under 18 from sexual abuse and exploitation, according to the Times of India.

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He recently sought interim bail, claiming that both families had agreed to his marriage with the victim. “The petitioner has expressed his consent to this arrangement and has undertaken to solemnise the marriage upon his release,” his lawyer told the court.

People attend a protest against violence against women, in Kolkata, India. Photo: EPA-EFE
People attend a protest against violence against women, in Kolkata, India. Photo: EPA-EFE

Observing that their relationship was consensual, the Orissa high court granted him bail.

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