This post has been self-published on Youth Ki Awaaz by Youth Ki Awaaz. Just like them, anyone can publish on Youth Ki Awaaz.

Girls Morally Obligated Not To Have Sex Before Marriage, Says The Judge!

More from Youth Ki Awaaz

By Lohita Turlapati:

“Girls are morally and socially bound not to indulge in sexual intercourse before a proper marriage”, reads a 19- page order passed by a judge of the fast track court. This news is making headlines almost everywhere and we can hear the furor of those people who are crying foul over this judgment. The Indian Penal Code(IPC) defines rape in its Section 375 as sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 16 years of age. Clearly, our Penal code states that pre-marital consensual sex is not illegal. Whereas, morality is subjective. So should we really respond to this order?


Although, it is important to note here that this order was passed while acquitting a man that had allegedly promised to marry the girl and had taken her to Jammu for a week where he had raped her. Based on circumstantial evidence, the judge acquitted the man. The judge also states that stories of kidnap and rape are often fabricated by girls and that “It is these false cases which tend to trivialize the offence of rape and undermine its gravity”. Cases such as these can, therefore, be tricky to judge the genuineness of as even a girl’s intentions can at times be unscrupulous. That being said, where a rape has in fact taken place, the consequences are unavoidable for the women whereas, a man can easily get away and the women suffers physically, emotionally as well as socially.

This only calls for more transparent and clear implementation of written laws as proof in such cases are generally limited to narration and psychological behaviour. What this does not call for is insensitive orders that raise questions on the morality and social obligations of today’s women, prior to judgement. We can only be called an equal society, if these same questions are raised on the accused man’s behaviour at the same time. We live in a society today where both the male and female gender are gaining equal importance and are free to represent their opinions and these opinions and decisions must be respected, especially if the decision is to not have sex.

When some might say that our society is conservative, others say this same society penned the words of the kama sutra that states that kama is a goal of human life. However, what people ignore is that it also states that kama cannot be isolated from dharma or righteousness.

There needs to be a loud shout out to the men and women today to hold their righteousness when it comes to satisfying their carnal pleasures and also to our justice system to ensure that all orders and laws that are passed are sensitive to both genders of the human race. The world has been ridden by the problem of sexual harassment since times immemorial and where today we are blessed with a legal system to ensure justice, we must not misuse this and a the same time law must grant us what it exists for.

You must be to comment.
  1. K.B.Srivastava

    The judgment of honourable judge is alright, but if a boy really loves and want to marry that girl, sexual relationship with her before marriage is not bad…

  2. LemonTeaLover

    true, sexual relationship with her is not bad, as long as she agrees to it! a forced sexual relationship is bad, is what the article is trying to say

  3. T R Rao

    Our Indian ethos determine the stages of social behavior and development in the four phases of Dharma, Artha, Kama and Moksha. The ethos determine the inter-relationship between these four stages without which the life cycle is not complete and neither does the social evolution. In the order, kama is placed at the third position with Dharma and Artha coming ahead of kama. The whole meaning of this exercise is to place dharma at the forefront of social evolution and behaviour. Once dharma is followed religiously , then the importance or not of the other stages is determined and understood better. Unfortunately, to-day’s society had fallen prey to the western ethos where dharma comes much later than kama and western society places kama at no-1 position. While following the good in any civilization is encouraged , the negative aspects of the civilization which we tend to follow must be relegated to the last. Once we confuse between our own ethos and western ethos and term western ethos as modern and our own civil structure as ancient, we push the philosophy of dharma behind the scenes and then follows the chaos that goes along through following he wrong path. If, we have to evolve as a better society, every one both male and female of the species must give importance to Dharma as the pillar of light that will guide our destiny. Society will develop better with that kind of ethos. Unfortunately, our un-holy godmen, lack of understanding of our own ethos is contributing this maladies in the society and it needs urgent correction. I congratulate Lohita, for her nicely written article which reflects the current state of confusion in our society which is not limited to citizens but also to law enforcing agencies, judiciary etc. Well done Lohita…

  4. Aravind

    There are lot of laws and judgements against men because of their gender. Even in this case, the girl wanted to accuse man for rape because he decided to break up from the relationship. Of course no punishment for girl for breaking up. And men still think they are overpirviliged.

More from Youth Ki Awaaz

Similar Posts

By Alakta

By Sara Sharma

By Vaishnavi Gond

Wondering what to write about?

Here are some topics to get you started

Share your details to download the report.

We promise not to spam or send irrelevant information.

Share your details to download the report.

We promise not to spam or send irrelevant information.

An ambassador and trained facilitator under Eco Femme (a social enterprise working towards menstrual health in south India), Sanjina is also an active member of the MHM Collective- India and Menstrual Health Alliance- India. She has conducted Menstrual Health sessions in multiple government schools adopted by Rotary District 3240 as part of their WinS project in rural Bengal. She has also delivered training of trainers on SRHR, gender, sexuality and Menstruation for Tomorrow’s Foundation, Vikramshila Education Resource Society, Nirdhan trust and Micro Finance, Tollygunj Women In Need, Paint It Red in Kolkata.

Now as an MH Fellow with YKA, she’s expanding her impressive scope of work further by launching a campaign to facilitate the process of ensuring better menstrual health and SRH services for women residing in correctional homes in West Bengal. The campaign will entail an independent study to take stalk of the present conditions of MHM in correctional homes across the state and use its findings to build public support and political will to take the necessary action.

Saurabh has been associated with YKA as a user and has consistently been writing on the issue MHM and its intersectionality with other issues in the society. Now as an MHM Fellow with YKA, he’s launched the Right to Period campaign, which aims to ensure proper execution of MHM guidelines in Delhi’s schools.

The long-term aim of the campaign is to develop an open culture where menstruation is not treated as a taboo. The campaign also seeks to hold the schools accountable for their responsibilities as an important component in the implementation of MHM policies by making adequate sanitation infrastructure and knowledge of MHM available in school premises.

Read more about his campaign.

Harshita is a psychologist and works to support people with mental health issues, particularly adolescents who are survivors of violence. Associated with the Azadi Foundation in UP, Harshita became an MHM Fellow with YKA, with the aim of promoting better menstrual health.

Her campaign #MeriMarzi aims to promote menstrual health and wellness, hygiene and facilities for female sex workers in UP. She says, “Knowledge about natural body processes is a very basic human right. And for individuals whose occupation is providing sexual services, it becomes even more important.”

Meri Marzi aims to ensure sensitised, non-discriminatory health workers for the needs of female sex workers in the Suraksha Clinics under the UPSACS (Uttar Pradesh State AIDS Control Society) program by creating more dialogues and garnering public support for the cause of sex workers’ menstrual rights. The campaign will also ensure interventions with sex workers to clear misconceptions around overall hygiene management to ensure that results flow both ways.

Read more about her campaign.

MH Fellow Sabna comes with significant experience working with a range of development issues. A co-founder of Project Sakhi Saheli, which aims to combat period poverty and break menstrual taboos, Sabna has, in the past, worked on the issue of menstruation in urban slums of Delhi with women and adolescent girls. She and her team also released MenstraBook, with menstrastories and organised Menstra Tlk in the Delhi School of Social Work to create more conversations on menstruation.

With YKA MHM Fellow Vineet, Sabna launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society. As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Read more about her campaign. 

A student from Delhi School of Social work, Vineet is a part of Project Sakhi Saheli, an initiative by the students of Delhi school of Social Work to create awareness on Menstrual Health and combat Period Poverty. Along with MHM Action Fellow Sabna, Vineet launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society.

As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Find out more about the campaign here.

A native of Bhagalpur district – Bihar, Shalini Jha believes in equal rights for all genders and wants to work for a gender-equal and just society. In the past she’s had a year-long association as a community leader with Haiyya: Organise for Action’s Health Over Stigma campaign. She’s pursuing a Master’s in Literature with Ambedkar University, Delhi and as an MHM Fellow with YKA, recently launched ‘Project अल्हड़ (Alharh)’.

She says, “Bihar is ranked the lowest in India’s SDG Index 2019 for India. Hygienic and comfortable menstruation is a basic human right and sustainable development cannot be ensured if menstruators are deprived of their basic rights.” Project अल्हड़ (Alharh) aims to create a robust sensitised community in Bhagalpur to collectively spread awareness, break the taboo, debunk myths and initiate fearless conversations around menstruation. The campaign aims to reach at least 6000 adolescent girls from government and private schools in Baghalpur district in 2020.

Read more about the campaign here.

A psychologist and co-founder of a mental health NGO called Customize Cognition, Ritika forayed into the space of menstrual health and hygiene, sexual and reproductive healthcare and rights and gender equality as an MHM Fellow with YKA. She says, “The experience of working on MHM/SRHR and gender equality has been an enriching and eye-opening experience. I have learned what’s beneath the surface of the issue, be it awareness, lack of resources or disregard for trans men, who also menstruate.”

The Transmen-ses campaign aims to tackle the issue of silence and disregard for trans men’s menstruation needs, by mobilising gender sensitive health professionals and gender neutral restrooms in Lucknow.

Read more about the campaign here.

A Computer Science engineer by education, Nitisha started her career in the corporate sector, before realising she wanted to work in the development and social justice space. Since then, she has worked with Teach For India and Care India and is from the founding batch of Indian School of Development Management (ISDM), a one of its kind organisation creating leaders for the development sector through its experiential learning post graduate program.

As a Youth Ki Awaaz Menstrual Health Fellow, Nitisha has started Let’s Talk Period, a campaign to mobilise young people to switch to sustainable period products. She says, “80 lakh women in Delhi use non-biodegradable sanitary products, generate 3000 tonnes of menstrual waste, that takes 500-800 years to decompose; which in turn contributes to the health issues of all menstruators, increased burden of waste management on the city and harmful living environment for all citizens.

Let’s Talk Period aims to change this by

Find out more about her campaign here.

Share your details to download the report.

We promise not to spam or send irrelevant information.

A former Assistant Secretary with the Ministry of Women and Child Development in West Bengal for three months, Lakshmi Bhavya has been championing the cause of menstrual hygiene in her district. By associating herself with the Lalana Campaign, a holistic menstrual hygiene awareness campaign which is conducted by the Anahat NGO, Lakshmi has been slowly breaking taboos when it comes to periods and menstrual hygiene.

A Gender Rights Activist working with the tribal and marginalized communities in india, Srilekha is a PhD scholar working on understanding body and sexuality among tribal girls, to fill the gaps in research around indigenous women and their stories. Srilekha has worked extensively at the grassroots level with community based organisations, through several advocacy initiatives around Gender, Mental Health, Menstrual Hygiene and Sexual and Reproductive Health Rights (SRHR) for the indigenous in Jharkhand, over the last 6 years.

Srilekha has also contributed to sustainable livelihood projects and legal aid programs for survivors of sex trafficking. She has been conducting research based programs on maternal health, mental health, gender based violence, sex and sexuality. Her interest lies in conducting workshops for young people on life skills, feminism, gender and sexuality, trauma, resilience and interpersonal relationships.

A Guwahati-based college student pursuing her Masters in Tata Institute of Social Sciences, Bidisha started the #BleedwithDignity campaign on the technology platform, demanding that the Government of Assam install
biodegradable sanitary pad vending machines in all government schools across the state. Her petition on has already gathered support from over 90000 people and continues to grow.

Bidisha was selected in’s flagship program ‘She Creates Change’ having run successful online advocacy
campaigns, which were widely recognised. Through the #BleedwithDignity campaign; she organised and celebrated World Menstrual Hygiene Day, 2019 in Guwahati, Assam by hosting a wall mural by collaborating with local organisations. The initiative was widely covered by national and local media, and the mural was later inaugurated by the event’s chief guest Commissioner of Guwahati Municipal Corporation (GMC) Debeswar Malakar, IAS.

Sign up for the Youth Ki Awaaz Prime Ministerial Brief below