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Blurred Boundaries of Honour and Rape: Contesting Elopement and False Promise of Marriage as Rape

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International Perspectives on Gender-Based Violence
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Abstract

The Criminal Law Amendment Act of 2013 was enacted in India after the highly publicized gang rape case in Delhi, commonly referred to as the ‘Nirbhaya’ case. Despite the intention of the law to address the issue of sexual violence, discourses surrounding false rape cases have emerged as the reporting of rape cases increased. This paper examines false promise to marry cases filed as rape and elopement cases under the Protection of Children under Sexual Offences (POCSO) Act, as well as the discourse around false allegations of rape, chastity and honour. The study highlights the stigma surrounding premarital sex and the labeling of women as ‘damaged goods’ after losing their virginity. It delves into how the law incorporates societal norms around honour and ultimately serves to reinforce patriarchal control and restrictions on young people’s sexuality.

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Correspondence to Garima Jain .

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© 2023 The Author(s), under exclusive license to Springer Nature Switzerland AG

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Jain, G. (2023). Blurred Boundaries of Honour and Rape: Contesting Elopement and False Promise of Marriage as Rape. In: Pandey, M. (eds) International Perspectives on Gender-Based Violence. Advances in Preventing and Treating Violence and Aggression . Springer, Cham. https://doi.org/10.1007/978-3-031-42867-8_4

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