‘Exercise of sexual choices does not give partner right to exploit woman’

‘Exercise of sexual choices does not give partner right to exploit woman’

New Delhi:25.10.2021

A woman exercising sexual autonomy through consent cannot be presumed to have also given consent to violate her reproductive rights, a Delhi court has said while denying bail to a man. The man was accused of raping a woman several times and forcing her to abort her pregnancy.

The court further said that the exercise of sexual choices does not vest any corresponding right in the partner to exploit a woman sexually, and she does not forsake her other rights, including reproductive rights, when she enters into a sexual relationship with a partner.

“While parties in a consensual relationship may be on an even keel when sexual relations are of a consistent and long duration, the act of contravening reproductive autonomy through multiple pregnancies and abortions takes away the element of consent, which may have been given for the sexual act itself,” said additional sessions judge Vishal Gogne in the order.

The court said that this was a “flawed construction” of the concept of bodily/sexual autonomy of a person/female. “The exercise of sexual choices by a woman does not vest any corresponding right in the partner to sexually exploit her. The woman does not forsake her other rights, including reproductive rights either, when she enters into a sexual relationship with a partner,” it added. TNN