TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Long March of Leftism: How Congress Lost Its Ideological Soul

    Long March of Leftism: How Congress Lost Its Ideological Soul

    Manusmriti Controversy: Bar and Bench Faces Questions Over Gujarat Court’s Cow Slaughter Verdict

    Manusmriti Controversy: Bar and Bench Faces Questions Over Gujarat Court’s Cow Slaughter Verdict

    Irfan Habib Calls Ram Mandir Verdict “Illegitimate,” Questions Archaeological Evidence

    Irfan Habib Calls Ram Mandir Verdict “Illegitimate,” Questions Archaeological Evidence

    In Bhutan’s Sacred Hour, a Himalayan Kingdom Honours Modi’s India

    In Bhutan’s Sacred Hour, a Himalayan Kingdom Honours Modi’s India

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Banned at the Border, Bought in the Bazaar: How Indian Goods Keep Reaching Pakistan

    Banned at the Border, Bought in the Bazaar: How Indian Goods Keep Reaching Pakistan

    App for Stock Market Trading: Essential Features Every Investor Should Consider

    App for Stock Market Trading: Essential Features Every Investor Should Consider

    Brokerage-Free Does Not Mean Cost-Free: Understanding the Different Charges in a Property Transaction

    Brokerage-Free Does Not Mean Cost-Free: Understanding the Different Charges in a Property Transaction

    Jio Lists, and the Ledger Changes: What the Debut Did and Didn’t Do

    Jio Lists, and the Ledger Changes: What the Debut Did and Didn’t Do

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Kabaddi Set for a National Stage, with a Women’s League on the Cards

    Kabaddi Set for a National Stage, with a Women’s League on the Cards

    Explained: India’s Rs 53,866.50 crore deal for eight Next Generation Corvettes

    Explained: India’s Rs 53,866.50 crore deal for eight Next Generation Corvettes

    Who Is Air Chief Marshal Ashutosh Dixit? The Fighter Pilot Taking Charge of the Indian Air Force

    Who Is Air Chief Marshal Ashutosh Dixit? The Fighter Pilot Taking Charge of the Indian Air Force

    The Air Chief Who Stood His Ground: AP Singh’s Legacy from Operation Sindoor to the Tejas Debate

    The Air Chief Who Stood His Ground: AP Singh’s Legacy from Operation Sindoor to the Tejas Debate

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India Takes the Helm of the Indian Ocean’s Biggest Club, with a Leaders’ Summit to Follow

    India Takes the Helm of the Indian Ocean’s Biggest Club, with a Leaders’ Summit to Follow

    The Cuba Embargo: Why the World Votes Every Year, and Why the Vote Is Slipping

    The Cuba Embargo: Why the World Votes Every Year, and Why the Vote Is Slipping

    Caught in the crossfire: why India, a bystander to the West Asia war, keeps burying its own

    Caught in the crossfire: why India, a bystander to the West Asia war, keeps burying its own

    UAE Confers Order of Zayed II on Indian Pilot and Flydubai Crew for Courage During Mid-Air Attack

    UAE Confers Order of Zayed II on Indian Pilot and Flydubai Crew for Courage During Mid-Air Attack

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Can a VIP Marriage Bureau Help Align Two Families With Different Expectations?

    Can a VIP Marriage Bureau Help Align Two Families With Different Expectations?

    The Quiet Front: How Cyberattacks Became a Tool of Economic and State Power

    The Quiet Front: How Cyberattacks Became a Tool of Economic and State Power

    “Ravana is not all bad”: Sai Pallavi’s Ravana remark puts ‘Ramayana’ in the spotlight

    “Ravana is not all bad”: Sai Pallavi’s Ravana remark puts ‘Ramayana’ in the spotlight

    Solar Hybrid Inverter for Homes with Frequent Power Cuts: How Does It Work?

    Solar Hybrid Inverter for Homes with Frequent Power Cuts: How Does It Work?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Long March of Leftism: How Congress Lost Its Ideological Soul

    Long March of Leftism: How Congress Lost Its Ideological Soul

    Manusmriti Controversy: Bar and Bench Faces Questions Over Gujarat Court’s Cow Slaughter Verdict

    Manusmriti Controversy: Bar and Bench Faces Questions Over Gujarat Court’s Cow Slaughter Verdict

    Irfan Habib Calls Ram Mandir Verdict “Illegitimate,” Questions Archaeological Evidence

    Irfan Habib Calls Ram Mandir Verdict “Illegitimate,” Questions Archaeological Evidence

    In Bhutan’s Sacred Hour, a Himalayan Kingdom Honours Modi’s India

    In Bhutan’s Sacred Hour, a Himalayan Kingdom Honours Modi’s India

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Banned at the Border, Bought in the Bazaar: How Indian Goods Keep Reaching Pakistan

    Banned at the Border, Bought in the Bazaar: How Indian Goods Keep Reaching Pakistan

    App for Stock Market Trading: Essential Features Every Investor Should Consider

    App for Stock Market Trading: Essential Features Every Investor Should Consider

    Brokerage-Free Does Not Mean Cost-Free: Understanding the Different Charges in a Property Transaction

    Brokerage-Free Does Not Mean Cost-Free: Understanding the Different Charges in a Property Transaction

    Jio Lists, and the Ledger Changes: What the Debut Did and Didn’t Do

    Jio Lists, and the Ledger Changes: What the Debut Did and Didn’t Do

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Kabaddi Set for a National Stage, with a Women’s League on the Cards

    Kabaddi Set for a National Stage, with a Women’s League on the Cards

    Explained: India’s Rs 53,866.50 crore deal for eight Next Generation Corvettes

    Explained: India’s Rs 53,866.50 crore deal for eight Next Generation Corvettes

    Who Is Air Chief Marshal Ashutosh Dixit? The Fighter Pilot Taking Charge of the Indian Air Force

    Who Is Air Chief Marshal Ashutosh Dixit? The Fighter Pilot Taking Charge of the Indian Air Force

    The Air Chief Who Stood His Ground: AP Singh’s Legacy from Operation Sindoor to the Tejas Debate

    The Air Chief Who Stood His Ground: AP Singh’s Legacy from Operation Sindoor to the Tejas Debate

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India Takes the Helm of the Indian Ocean’s Biggest Club, with a Leaders’ Summit to Follow

    India Takes the Helm of the Indian Ocean’s Biggest Club, with a Leaders’ Summit to Follow

    The Cuba Embargo: Why the World Votes Every Year, and Why the Vote Is Slipping

    The Cuba Embargo: Why the World Votes Every Year, and Why the Vote Is Slipping

    Caught in the crossfire: why India, a bystander to the West Asia war, keeps burying its own

    Caught in the crossfire: why India, a bystander to the West Asia war, keeps burying its own

    UAE Confers Order of Zayed II on Indian Pilot and Flydubai Crew for Courage During Mid-Air Attack

    UAE Confers Order of Zayed II on Indian Pilot and Flydubai Crew for Courage During Mid-Air Attack

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Can a VIP Marriage Bureau Help Align Two Families With Different Expectations?

    Can a VIP Marriage Bureau Help Align Two Families With Different Expectations?

    The Quiet Front: How Cyberattacks Became a Tool of Economic and State Power

    The Quiet Front: How Cyberattacks Became a Tool of Economic and State Power

    “Ravana is not all bad”: Sai Pallavi’s Ravana remark puts ‘Ramayana’ in the spotlight

    “Ravana is not all bad”: Sai Pallavi’s Ravana remark puts ‘Ramayana’ in the spotlight

    Solar Hybrid Inverter for Homes with Frequent Power Cuts: How Does It Work?

    Solar Hybrid Inverter for Homes with Frequent Power Cuts: How Does It Work?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Tukaram vs State of Maharashtra: The case whose aftermath introduced misandry in IPC

Abhishek Kumar Singh by Abhishek Kumar Singh
19 December 2022
in Law
Tukaram vs State of Maharashtra
Share on FacebookShare on X

Tukaram vs State of Maharashtra case: Misandry is rarely mentioned in the public domain. People find it tough to believe that men can be victims as well. Even our legal system does not accept this evolutionary truth. The blind spot leads us towards introducing the very concept at the behest of punishing a few rotten apples.

Mathura rape case and derogatory views of the Sessions Court 

In 1972, a girl named Mathura was allegedly raped by two policemen inside the police station. In the complaint, she alleged that when she was going out of the police station with her relatives, constables named Ganpat and Tukaram asked her to wait. Thereafter, she was taken to the washroom of the police station and was raped by Ganpat and Tukaram.

RelatedPosts

Supreme Court: Bar Council of India Has No Power to Discipline Law Students, Only Enrolled Advocates

FSSAI moves to red-flag junk food, under pressure from the Supreme Court

Ram Mandir Donation Probe Faces Fresh Scrutiny

Load More

The Sessions court took the contrary view and held that Tukaram vs State of Maharashtra was a case of consensual sex rather than rape. The court used the perverse logic that she was habituated to sex and might have invited Ganpat for the purpose. Regarding circumstantial evidence, the Court held that the semen on Mathura’s clothes were of another person and not Ganpat. When the question of semen on Ganpat’s cloth was put forward, the Court held that it was due to nightly discharge.

The court was then reminded that she was underage and that under Section 375(6), even consensual sex with her would be rape. In its response, the Sessions court said that the age determination was not adequate for evidence. The Sessions Court went as far as suggesting that Mathura may have concocted the story to appear virtuous to her lover Ashok. The policemen were acquitted.

Also read: Preamble: Evolution from loosely worded guideline to Iron-Tight Principle

The Bombay High Court and the Supreme Court stand opposite

Tukaram vs State of Maharashtra case reached the Bombay High Court, which reversed the decision. The High Court ruled that the policemen were in a position of authority and that Mathura’s resistance would prove detrimental to her poor family. The High Court used the term “passive submission,” which is not the same as consent, and hence convicted both policemen.

Both of them appealed to the Supreme Court. The Apex Court studied both the aforementioned judgments, anti-rape provisions in the IPC, and circumstantial evidence. It outlined that the girl did not put up a fight because neither accused had any marks or injury. The Apex Court also agreed that the girl did not shout for help and pointed out that both the Sessions Court and the High Court also agreed to it.

Also read: The 1995 case that cemented the notion of ‘Hinduism is a way of life’ and why it is not right

Apex Court’s observations

Then the question was whether it was a case of passive submission. The Apex Court said No. It relied on Mathura’s own testimony to prove its point. Mathura had alleged that she was forcibly taken while leaving the police station. Court refused to believe that she would be so over-awed by the policemen’s authority that she wouldn’t resist them taking her away. In Apex Court’s eyes, her brother, lover, and aunt were right there, but she did not invoke them.

Source: IndianKanoon

The second reason why the court did not assume it was a sexual act of “passive submission” but instead “consensual” is that Mathura and her lawyers could not prove it. The onus of proof was on her.

Also read: The spineless “Juvenile Justice Act” needs an immediate upgrade

Introduction of misandry 

This became a bone of contention for various legal luminaries as well as feminists. Upendra Baxi, Raghunath Kelkar, Lotika Sarkar, and Vasudha Dhagamwa wrote an open letter to the SC for rehearing. The court refused, but it paved the way for nationwide resistance against the Consent clause.

The government listened to the public outcry and enacted THE CRIMINAL LAW (AMENDMENT) ACT, 1983. The onus of proof has now shifted to the accused. Apart from introducing Marxist oppressor vs oppressed doctrine in anti-rape provisions, it also added Section 114(A) of the Evidence Act. The onus of proof now shifted to the accused. Simply put, Section 114(A) of the Evidence Act compels courts to assume that a woman is telling the truth when she says that she did not consent to sexual intercourse with a man.

Also read: Aruna Ramchandra Shanbaug vs. Union of India: The case that paved the way for Passive euthanasia

Need to punish false accusers

The amendment was well-intentioned and the need of the hour. But the problem is that it has not evolved with the times. The provision has been misused a lot in the 21st century. As TFI reported, it has become a tool to harass innocent men. NCRB data once informed us that 74 percent of rape cases are false.

A large section of these are consensual relationships gone haywire, with girls using the provision to browbeat the man. She only needs to say she was raped and her former lover will rot in jail for years.

The times have changed, and so has our mentality. In order to keep sensitivity around the rape alive, misuse of the provision needs to stop. For that, a penal provision for false accusations needs to be made.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=vNRLOFtSub0

 

Tags: Anti-Rape ProvisionsBombay High CourtIPCLotika SarkarMathura rape caseMisandryNCRB DataRaghunath KelkarSection 375(6)Sessions CourtSupreme CourtTHE CRIMINAL LAW (AMENDMENT) ACTUpendra BaxiVasudha Dhagamwa
ShareTweetSend
Previous Post

Sri Padmavathi Ammavari Temple: Travel Guide and how to reach

Next Post

Jassi to Joseph: Punjab is falling

Related Posts

Ram Manohar Lohia case
Law

When Ram Manohar Lohia took on Nehru over the First Amendment and won

12 October 2026

Ram Manohar Lohia case: When we talk about Ram Manohar Lohia, discussions always move towards the socialist leader attacking...

The Biggest Mistakes Injured Workers Make After a Workplace Accident
Law

The Biggest Mistakes Injured Workers Make After a Workplace Accident

20 August 2026

A workplace injury can change everything in a matter of seconds. One moment you are focused on your job,...

Reasons a Truck Accident Case May Go to Trial
Law

Reasons a Truck Accident Case May Go to Trial

19 July 2026

A truck accident case may go to trial when the parties cannot agree on liability, the value of the...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

India Built Rudra and Prachand. Now It Wants to Make Their Gun at Home.

India Built Rudra and Prachand. Now It Wants to Make Their Gun at Home.

00:03:14

INS Samarthak: The Indigenous Warship Built to Do More Than One Job VO:

00:03:01

Why Is India Investing in Underwater Weapons?

00:02:10

How DRDO Is Making India's Military Communications More Secure

00:03:28

How Ice on Aircraft Wings Can Turn Deadly

00:03:19
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited