the Bombay High Court has observed that educated women are in a position to say no in a relationship and it is not rape but mutual consent when she has sexual intercourse. An educated woman is mature enough to understand the consequences of having physical relations with her partner and such cases will not fall under the ambit of rape, the Bombay High Court said.

Justice Mridula Bhatkar was hearing an anticipatory bail plea of a youth from Solapur claiming that he was in a relationship with the 24-year-old woman from Mumbai and when he broke up with her, she lodged an FIR against him on charges of rape, cheating and criminal intimidation.

According to the woman's lawyer Aniket Nikam, "The boy on the false pretext of marriage forced the girl into a physical relation. When the girl conceived in May 2015 the boy forced her to get an abortion and later ended all relations with her," Nikam said.

"I know our society has certain taboos. But if you consider western culture then this is consensual. This is not rape. When the woman is educated and mature she can say no. When you (girl) say yes then it becomes mutual," Justice Bhatkar said.

“This cannot be considered as rape. You are a major, educated, and you have a choice of saying no. But if you did not say no at the time, then it will be considered as mutual consent. When the woman is educated and mature, she can say no. When she says yes, then it becomes mutual,” Justice Bhatkar said

By Premji