The Odisha High Court recently raised important questions about the idea of making it a crime for someone to have sex by promising to marry the other person. The judge, Justice Sanjeeb Kumar Panigrahi, explained that thinking a woman only has sex with a man to get married is an old-fashioned, “patriarchal” idea.
The case involved a man who was accused of being intimate with a woman for over nine years while claiming he would marry her. The judge argued that sex should not automatically mean a promise of marriage. He emphasized that women have the right to make their own choices about their bodies and relationships.
Justice Panigrahi made it clear that marriage should be a choice made by two people and recognized by law, not just a reward for having sex. He referenced the famous philosopher Simone de Beauvoir to support his point that women should control their own bodies and the choices around them.
In his comments, the judge stressed that the law should not assume that a woman engages in sexual activities only because she plans to marry. He said this way of thinking is outdated and keeps women from making their own decisions about their love lives. He pointed out that sometimes, women might agree to things not because they really want to, but due to social pressures they feel.
The judge called for changing these traditional beliefs to acknowledge that women have the right to make their own choices. He stated, “If the law wants to be fair, it needs to change, recognizing that a woman’s body, choices, and future belong solely to her.”
