There are a few layers of weirdness to a case that was presented at the Allahabad High Court, which involved a charge of rape following a false promise of marriage between a man and a woman. As part of the bail plea of the accused, the man, it is alleged that the woman’s horoscope showed that she is a manglik – that the planet Mars exerts a malefic effect on the parts of her chart relating to marriage, thus resulting in the end of the engagement. The court in turn brought in the Head of the Department of Astrology at the University of Lucknow to consult. The Supreme Court of India has presently imposed a stay order on the case.
Here’s one layer, and this might be an unpopular opinion: if the premise of the case is that consent to sex was extended because the plaintiff believed that the accused and she would eventually be getting married, that is a highly subjective application of the concept of consent. While on a personal level it may make complete sense to the plaintiff, such situations also muddy the waters when it comes to public understanding of sex and violation – topics which India fails time and again to thoughtfully address. It is problematic because India legally does not acknowledge the existence of rape within marriage, but marriage as an institution is also held as the most significant if not the only benchmark by which sex is absolutely permissible.
To reiterate: from a highly subjective perspective, it may be entirely possible that the plaintiff suffered repercussions from her decision to have sex within a relationship that was believed to be premarital that are tantamount to emotional and mental repercussions that come from sexual assault. She may be justified in her charge. However, this also means that taboos around sex itself, and the sex-negativity that is often behind the idea that marriage is the only valid means to sex, continue to need to be challenged on a larger societal level.
Here’s another layer, and this will probably be a more popular opinion, since even the Supreme Court has taken notice of it: that the accused thinks that rejecting the plaintiff because she has an unfavourable horoscope is reasonable grounds is appalling. If he was such a deep believer in astrology, he would have ascertained early into the relationship, and certainly before the marriage proposal, that she was not an acceptable match. He either isn’t really into the planets and the stars, or else he knowingly pursued the relationship and persuaded her into sex on the pretext of imminent marriage – which essentially proves she is right.
Still, how I wish that that’s all this needed to be: a bad breakup, a liar-liar-pants-on-fire situation, a good-riddance-and-glad-I-didn’t-get-hitched episode – and not one more way in which sex is weaponized. This is not to vilify the plaintiff. The blame is squarely on a culture that holds sex hostage within marriage, permits rape within it, but demonizes those who have sex outside of it. It’s not her fault. But in a rare instance, given how private this matter is, it’s kind of all of our business too.
An edited version appeared in The New Indian Express in June 2023. “The Venus Flytrap” appears in Chennai’s City Express supplement.
Sharanya Manivannan 