CNN
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Men who cheat and break their promise to marry a woman after having sex with her face up to ten years in prison. Indian law addresses a widespread but often ignored form of sexual abuse.

However, the new law also raises questions about how it will be implemented, whether it can effectively protect women from sexual exploitation and whether there is a risk that separations will be criminalized.

In early July, Prime Minister Narendra Modi’s government introduced a new penal code, replacing India’s 164-year-old colonial-era penal code.

Section 69 of the new law criminalizes having sexual intercourse with a woman “by promising to marry her without intending to do so” or by “fraudulent means” such as falsely promising professional advancement or marrying under a false identity.

The punishment for this crime can be up to ten years in prison and a fine.

Although the law is new, the concept is not: numerous women have already brought such cases to court and accused the men of luring them into sexual relationships with promises of marriage.

Indian society in general has a conservative attitude towards sex. There is a strong emphasis on women’s virginity and marriages often involve costly dowry negotiations. Premarital and extramarital sex therefore remain taboo for many – and any hint of impropriety can make it more difficult for a woman to enter into marriage.

Audrey Dmello, director of Majlis Law, a women’s rights NGO in India, supports the new law. She argues that rape cases based on promises of marriage are under-reported and that this needs to be addressed through legislation.

“Such a law gives women justification for what happened to them,” she told CNN.

Under the old penal code, courts had previously ruled that sexual intercourse under false pretenses was not consensual and could therefore be convicted of rape.

However, judges have made contradictory rulings in cases involving “marriage promises” – a situation that the new law now aims to address.

In 2019, the Supreme Court heard a case in which the plaintiff alleged rape after having a long-term romantic and sexual relationship with the defendant. As court documents show, the defendant later expressed reservations about marriage due to caste differences.

India’s caste system was officially abolished in 1950, but the 2,000-year-old social hierarchy still exists in many areas of life. The caste system categorizes Hindus at birth and defines their place in society, what jobs they can pursue and who they can marry.

The man in the 2019 case was acquitted. The court ruled that a broken promise was different from a false promise of marriage: the man had to have made the promise from the beginning without any intention of fulfilling it. Since the woman continued the relationship despite knowing there were obstacles to marriage, this did not count as rape, the court ruled.

That same year, however, India’s Supreme Court made a different ruling in a similar case, upholding the rape conviction of a doctor in the central Indian state of Chhattisgarh. He had had a sexual relationship with a woman after promising to marry her, but then broke his promise and married someone else, court records show.

He was sentenced to ten years in prison and a fine of 50,000 rupees (about $600).

These different verdicts show that “even the judges are confused,” says Tanvir Siddiki, a lawyer from Varanasi.

“You see that (one court) says one thing and the Supreme Court of India says another on the issue of ‘marriage vows’,” he added.

The new law distinguishes between cases of “promise of marriage” and rape – but some lawyers say the parameters are still vague.

Some question the implementation of the law because it may be difficult to prove fraud and intent to marry in court.

“How can one prove a person’s intention? In the real world, even if such a situation arises, the accused would reveal his true intentions only to his confidante, but not to the victim,” says Gopal Krishna, a lawyer in Varanasi and legal coordinator for Guria India, a local non-governmental organization for women.

Siddiki added that under the previous penal code, rape victims – including those in “marriage promise” cases – were required to undergo medical examinations, which are no longer required under the new case category.

“Without this evidence, how can the prosecution prove that the victim was sexually exploited?” he asked.

In addition, the law shifts the burden of proof to the victim, experts told CNN.

Some younger Indians express skepticism about the law’s relevance in today’s increasingly progressive India, where traditions of arranged marriages and historically conservative attitudes toward dating and premarital sex are changing, particularly in more urban and middle-class communities.

“We live in a time when people are becoming more modern and choosing to stay in relationships without wanting to get married,” says Durjoy Biswas, a 21-year-old resident of Kolkata in the state of West Bengal.

And 19-year-old Vanshika Bhattad from Delhi questioned what role the law should play when it comes to sex between two consenting adults.

“Even if the man lies about marriage, sexual intercourse is the consent of both parties, the emphasis should be on consent. If someone forcibly has sex with a girl, then it is rape,” he said.

While many social media users express fears about possible misuse of Section 69 against men, Dmello of Majlis Law argues that the law empowers women and puts them on an equal footing with men.

“In our society, we always tell women to do this and that – not to go out at night, not to wear that kind of clothes,” she said. “Now the tables have turned.”