Uoh student jailed for forcing partner to have unsafe sex

In a shocking development, a post graduation student of University of Hyderabad has been arrested for forcing a female student to have unprotected sex. The incident came to light when the woman filed a police complaint. Speaking to Hyderabad Times, the SHO of Gachibowli police station, Inspector M Gangadhar, said, “After investigation, we found that the two had been in a consensual relationship and were sexually active for the last six months.However, in the last week of January the accused forced the victim to engage in unprotected sex. Following a complaint filed by her the next day, we arrested the accused, Abin George, a PG student.”
A case under sections 376 and 384 of IPC for Rape and Extortion have been filed. Apparently, the accused “accepted his crime” and said he did it in an emotional state. “But he also retorted, saying, ‘what is the difference between using protection and not using protection... both involve penetration...” said Inspector Gangadhar, adding, “Initially some officers were not paying heed to the complaint (because the duo were in a relationship). But any sexual act without consent, even if done by partner or husband, is rape. That is why we took this case up on priority because.”
The accused, who was arrested the very next day after the complaint was filed, has been sent to Cherlapally Jail. He may face at a jail term of 90 days, as rape is a non bailable offence.
Students on the campus, though shocked, have applauded their fellow student’s decision to take legal action. “Consent is not black and white; yes or no. We are talking about ‘informed consent’ here, where both parties are fully aware of, and respect, each other’s choices. So having sex without protection when one party has not consented or, having sex when someone is in a drunk state, both are not consensual, and therefore amount to rape,” said Oishani Mojumdar, a student. Firdaus Soni, the former GSCASH representative and a prominent voice for women’s rights on campus, said, “reporting of such a crime is a healthy sign and should not been seen as an increase in crime, but as an indication that more students are raising a voice against sexual violence.”
Recently the National Family Health survey highlighted that the use of condoms amongst unmarried women has increased by six times in a span of 10 years, from 2% to 12%. The same survey in a stark contrast showed that 3 out of 8 men said that protection was a ‘woman's business’ and not something they worry about.
Explaining why such cases are taking forward the consent debate, activist and professor of EFLU and a prominent feminist voice in the city, Susie Tharu, says, “It should be very clear that there is a critical difference between protected and unprotected sex. Unprotected sex carries the risk of pregnancy. Although in an equal and caring partnership both the women and the man would feel involved and responsible, it is evident that pregnancy and the ensuing child care, affects a woman far more than it would a man — even a caring and responsible man.”
Unprotected sex also has the looming danger of sexually transmitted diseases like AIDS, gonorrohea etc., which could be life threatening. “Such cases must be recognised for their significance; I understand and sympathise with her outrage and would consider her case as fully justified,” adds Prof. Tharu.