TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Karnataka Erupts In Debate Over Rohith Vemula Bill: Law, Rights And Political Fallout

    Karnataka Erupts In Debate Over Rohith Vemula Bill: Law, Rights And Political Fallout

    Chinese Venture Collapse in Gwadar: Donkey Slaughterhouse Shutdown Raises Questions Over Investment Climate

    Chinese Venture Collapse in Gwadar: Donkey Slaughterhouse Shutdown Raises Questions Over Investment Climate

    Public Namaz: Allahabad High Court Ruling Sparks Debate on Rights, Law, and Public Spaces

    Public Namaz: Allahabad High Court Ruling Sparks Debate on Rights, Law, and Public Spaces

    Breast Tax Myth: Politics, History, and the Controversy Around Tipu Sultan’s Role

    Breast Tax Myth: Politics, History, and the Controversy Around Tipu Sultan’s Role

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Online Gaming Act takes effect

    India Bans Real-Money Online Gaming, Enforces New Digital Gaming Law From May 1

    From struggle to reform, India’s workers power the nation’s rise.

    Labour Day 2026: From Red Flags to Reform, How New India is Rewriting the Workers’ Future

    AI, access, and accountability: Goyal’s push to transform India’s procurement system through GeM

    Goyal Speeds Up GeM Revamp, Pushes AI Tools and Wider Access to Reform Procurement System

    What are the Benefits of Critical Health Insurance in Serious Illness Cases?

    What are the Benefits of Critical Health Insurance in Serious Illness Cases?

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    By sending instant emergency alerts to mobile phones, India’s upgraded disaster management system helps prevent casualties through faster warnings and quicker evacuation.

    India’s Phones Turn Into Instant Sirens as Nationwide Disaster Alert System Enters Live Testing Phase

    US Weighs First-Ever Hypersonic Strike: Can the $15M Dark Eagle Break the Iranian Deadlock?

    US Weighs First-Ever Hypersonic Strike: Can the $15M Dark Eagle Break the Iranian Deadlock?

    Dubey escalates infiltration debate in Bengal

    Bengal Poll Row Escalates After Bangladesh Parliament Remarks: Nishikant Dubey Targets TMC Over Infiltration Debate

    India called the shots, not the ceasefire: Rajnath SIngh

    India Chose the Moment, Not the Pressure: Rajnath Singh Says Operation Sindoor Halt Was a Strategic Call

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    As Modi pushes global action on extremism, Canada’s own intel flags the threat within.

    Canada’s Own Intel Points Out Khalistani Extremism as Security Threat, Exposes Funding and Propaganda Network

    US Weighs First-Ever Hypersonic Strike: Can the $15M Dark Eagle Break the Iranian Deadlock?

    US Weighs First-Ever Hypersonic Strike: Can the $15M Dark Eagle Break the Iranian Deadlock?

    Caught Between Giants: How China’s Strategic Embrace Is Complicating Nepal’s Balancing Act

    Caught Between Giants: How China’s Strategic Embrace Is Complicating Nepal’s Balancing Act

    Karachi Pact 1949: How Pakistan Cemented Control Over Gilgit-Baltistan Without Its People’s Consent

    Karachi Pact 1949: How Pakistan Cemented Control Over Gilgit-Baltistan Without Its People’s Consent

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Students move closer to a decisive academic milestone as cbse enters final result processing stage

    CBSE Class 12 Results 2026 Expected Soon As Verification Enters Last Stage

    Chants of ‘Jai Badri Vishal’ Echo as Badrinath Portals Open; All Four Dhams Now Accessible to Pilgrims

    Chants of ‘Jai Badri Vishal’ Echo as Badrinath Portals Open; All Four Dhams Now Accessible to Pilgrims

    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Sardar Patel and Amit Shah

    Sardar Patel’s 1947 Blueprint on Minority Quotas Resurfaces as Reservation Debate Returns to Centre Stage

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Beneath calm waters, a relentless attempt unfolds to put Andaman on the global map.

    Deep-Sea Display of Ambition: Andaman Plans Dual World Record Feats with Tricolour and Underwater Human Formation

    Online Gaming Act takes effect

    India Bans Real-Money Online Gaming, Enforces New Digital Gaming Law From May 1

    From struggle to reform, India’s workers power the nation’s rise.

    Labour Day 2026: From Red Flags to Reform, How New India is Rewriting the Workers’ Future

    A journey of faith unfolds across one of India’s toughest terrains.

    Adi Kailash Yatra Begins Today: Temple Gates Open as Uttarakhand Tightens Grip on Strategic Himalayan Corridor

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Karnataka Erupts In Debate Over Rohith Vemula Bill: Law, Rights And Political Fallout

    Karnataka Erupts In Debate Over Rohith Vemula Bill: Law, Rights And Political Fallout

    Chinese Venture Collapse in Gwadar: Donkey Slaughterhouse Shutdown Raises Questions Over Investment Climate

    Chinese Venture Collapse in Gwadar: Donkey Slaughterhouse Shutdown Raises Questions Over Investment Climate

    Public Namaz: Allahabad High Court Ruling Sparks Debate on Rights, Law, and Public Spaces

    Public Namaz: Allahabad High Court Ruling Sparks Debate on Rights, Law, and Public Spaces

    Breast Tax Myth: Politics, History, and the Controversy Around Tipu Sultan’s Role

    Breast Tax Myth: Politics, History, and the Controversy Around Tipu Sultan’s Role

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Online Gaming Act takes effect

    India Bans Real-Money Online Gaming, Enforces New Digital Gaming Law From May 1

    From struggle to reform, India’s workers power the nation’s rise.

    Labour Day 2026: From Red Flags to Reform, How New India is Rewriting the Workers’ Future

    AI, access, and accountability: Goyal’s push to transform India’s procurement system through GeM

    Goyal Speeds Up GeM Revamp, Pushes AI Tools and Wider Access to Reform Procurement System

    What are the Benefits of Critical Health Insurance in Serious Illness Cases?

    What are the Benefits of Critical Health Insurance in Serious Illness Cases?

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    By sending instant emergency alerts to mobile phones, India’s upgraded disaster management system helps prevent casualties through faster warnings and quicker evacuation.

    India’s Phones Turn Into Instant Sirens as Nationwide Disaster Alert System Enters Live Testing Phase

    US Weighs First-Ever Hypersonic Strike: Can the $15M Dark Eagle Break the Iranian Deadlock?

    US Weighs First-Ever Hypersonic Strike: Can the $15M Dark Eagle Break the Iranian Deadlock?

    Dubey escalates infiltration debate in Bengal

    Bengal Poll Row Escalates After Bangladesh Parliament Remarks: Nishikant Dubey Targets TMC Over Infiltration Debate

    India called the shots, not the ceasefire: Rajnath SIngh

    India Chose the Moment, Not the Pressure: Rajnath Singh Says Operation Sindoor Halt Was a Strategic Call

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    As Modi pushes global action on extremism, Canada’s own intel flags the threat within.

    Canada’s Own Intel Points Out Khalistani Extremism as Security Threat, Exposes Funding and Propaganda Network

    US Weighs First-Ever Hypersonic Strike: Can the $15M Dark Eagle Break the Iranian Deadlock?

    US Weighs First-Ever Hypersonic Strike: Can the $15M Dark Eagle Break the Iranian Deadlock?

    Caught Between Giants: How China’s Strategic Embrace Is Complicating Nepal’s Balancing Act

    Caught Between Giants: How China’s Strategic Embrace Is Complicating Nepal’s Balancing Act

    Karachi Pact 1949: How Pakistan Cemented Control Over Gilgit-Baltistan Without Its People’s Consent

    Karachi Pact 1949: How Pakistan Cemented Control Over Gilgit-Baltistan Without Its People’s Consent

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Students move closer to a decisive academic milestone as cbse enters final result processing stage

    CBSE Class 12 Results 2026 Expected Soon As Verification Enters Last Stage

    Chants of ‘Jai Badri Vishal’ Echo as Badrinath Portals Open; All Four Dhams Now Accessible to Pilgrims

    Chants of ‘Jai Badri Vishal’ Echo as Badrinath Portals Open; All Four Dhams Now Accessible to Pilgrims

    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Sardar Patel and Amit Shah

    Sardar Patel’s 1947 Blueprint on Minority Quotas Resurfaces as Reservation Debate Returns to Centre Stage

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Beneath calm waters, a relentless attempt unfolds to put Andaman on the global map.

    Deep-Sea Display of Ambition: Andaman Plans Dual World Record Feats with Tricolour and Underwater Human Formation

    Online Gaming Act takes effect

    India Bans Real-Money Online Gaming, Enforces New Digital Gaming Law From May 1

    From struggle to reform, India’s workers power the nation’s rise.

    Labour Day 2026: From Red Flags to Reform, How New India is Rewriting the Workers’ Future

    A journey of faith unfolds across one of India’s toughest terrains.

    Adi Kailash Yatra Begins Today: Temple Gates Open as Uttarakhand Tightens Grip on Strategic Himalayan Corridor

    • 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

SC Reinforces Bodily Autonomy in Teen Rape Survivor Case, Questions State Control Over Abortion Rights

Supreme Court Rejects ‘Legislative Vacuum’ Claim on Hate Speech, Shifts Focus to Enforcement Gaps

‘Singham’ Targeted? PIL Against Ajay Pal Sharma Sparks Pushback Debate Over Poll Enforcement

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

From Power Corridors to Police Radar: Sandeep Pathak at the Centre of a Political Controversy
Law

From Power Corridors to Police Radar: Sandeep Pathak at the Centre of a Political Controversy

2 May 2026

Rajya Sabha MP Sandeep Pathak now finds himself at the centre of a political and legal trouble. Punjab Police...

Reinforcing the essence of democracy through fresh voting in 15 West Bengal booths.
Law

EC Pushes Reset Button In 15 West Bengal Booths Over Voting Irregularities

1 May 2026

The Election Commission of India has ordered a re-poll in 15 polling stations across South 24 Parganas in West...

Online Gaming Act takes effect
Crime

India Bans Real-Money Online Gaming, Enforces New Digital Gaming Law From May 1

1 May 2026

India has entered a new regulatory phase for online gaming as the Promotion and Regulation of Online Gaming Act,...

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

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

00:05:40

Ethanol, EVs and Solar- How India’s Energy Game Is Changing | Modi on LPG & Crude Oil | war| Hormuz

00:05:21

Truth of IRIS Dena: 8 Days That Changed Narrative | War zone Reality, Not an Indian Navy Exercise

00:08:02

300 Million Euros for SCALP: Strategic Necessity or Costly Dependency on France300

00:04:06

Tejas Mk1A: 19th aircraft coupled but Not Delivered: What Is Holding Back the IAF Induction?

00:07:21
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