“A Feeble No May Means Yes” The Issue Of Power And Consent In Mahmood Fharooqi V State Of Delhi (NTC) 2016

Hema Biswas, LL.M. Scholar, National Law University Odisha

INTRODUCTION

In the realm of legal discourse, the Mahmood Farooqui vs. State of Delhi case of 2017 stands as a significant milestone, not only for its legal ramifications but also for its implications within feminist jurisprudence. The feminist judgment writing of this case offers a unique perspective that transcends conventional legal analysis, delving into the intricacies of gender dynamics, power structures, and societal norms that underpin cases of sexual assault.

At its core, the Mahmood Farooqui case revolves around allegations of sexual assault and the interpretation of consent, sparking widespread debate and introspection within both legal and societal spheres. The feminist judgment writing of this case seeks to reframe the narrative, offering insights and critiques through a feminist lens that foregrounds the experiences and perspectives of marginalized voices, particularly those of women.

Feminist judgment writing goes beyond merely interpreting legal principles; it seeks to illuminate the ways in which existing legal frameworks may perpetuate or challenge systemic inequalities and injustices. In the context of Mahmood Farooqui vs. State of Delhi, feminist judgment writing serves as a tool for critiquing the limitations of traditional legal reasoning in addressing the complexities of sexual violence and consent.