Week 9
Aditya Banerjee
The article authored by Janet Haley, revolves around
the concept of affirmative consent standard in sexual conduct and to be adopted
in assault cases. Such has been adopted in Universities around California and
New York and is in talks/discussions in many other parts. This policy goes on
length towards improving sex culture and giving power, liberty and freedom to
women to choose for themselves. Thus, putting them at par with men. The author
goes on to argue that the campaign for affirmative consent requirements is
distinctively rightist and would continue to be more conservative if it were
not making political compromises to its left with male paternalist elites.
Secondly, I would compare the model of affirmative
consent with that of the position of Consent standards in Indian Legal
Jurisprudence. As per the Indian Law (Rape Laws in Indian Penal Code), it is
taken that Consent should have been expressly said to have been not given i.e.
No means No. Case laws have construed ambiguous/midway consents i.e. (where
consent was not given but also not denied expressly) in favor of the accused.
Taking cognizance of the present happenings, it is time that the concept of
Affirmative Consent Standard (Yes means Yes and anything apart from Yes,
including midway consents to be taken as Consent not given) be debated in Legislature
and such position be inserted into the Indian Laws in order to improve the
Indian society by freeing/reducing the committing of the said Heinous Crime.
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