Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at email@example.com
CHENNAI: Rape promising marriage: Woman’s age, consent relevant factors
Q: Will allegation of rape on false promise to marry stand if the woman knew that the man was already married and still continued the sexual relationship with him? What is the formula or criteria fixed for determining whether consent was voluntary? Also, will the courts give merit to the accused claim that he has no mala fide intention or clandestine motives to conduct rape and whatever happened was consensual?
— Pradeep Raj, Anna Nagar
A: In a matter of accusation of rape on false promise of marriage, everything depends on the facts proved before the court. If the man is married and yet the woman willingly yielded, then the charge of rape may not stand. But, the ‘accused’ can be punished for cheating or other lesser charges. The age of the woman and her voluntary consent may be relevant factors while considering acquittal of the man involved.
No PIL will be entertained on getting hospital allotted
Q: However, it is possible to solicit details and status of development works being carried out by public authorities under the Right to Information Act.
Can an individual move court demanding a directive to state, district authorities to build hospitals or other development requirements in a locality? Will the court accept the proof that repeated petitions in this regard have been disregarded by the powers to be? Can the details and status of development works be solicited under the Right to Information Act?
— Solomon Palani, Madurai
A: Right to access to health services has been recognised by courts as a fundamental right coming within the facet of right to liberty under Article 21 of the Constitution. However, no Public Interest Litigation (PIL) will be entertained on building hospitals or other developmental activities in your ward or area. However, it is possible to solicit details and status of development works being carried out by public authorities under the Right to Information Act.