Divyanshi Bhardwaj, Jindal Global Law School, O.P. Jindal Global University
Introduction
Consent means wanting to engage in sexual activity. Consent means that both parties have agreed to engage in sexual behaviour with each other. Consent is asked. Consent is knowing that your partner has agreed. Consent is a yes. The word unfolds legal baggage, where even though it is straightforward- actions that indicate agreement, or an expressive agreement, somehow the legal jurisdiction of our country time and again comes up with their own ‘definition’ of consent per se. In this article, I shall be unfolding with the reader the baggage this word comes with. How a simple word with a simple definition has been misunderstood, spun around, and not accepted by the jurisdiction for its own sake.
The Indian laws have historically defined rape laws as a sexual activity that is forced upon a woman against her will by a man, this law does not apply to women who are married to men, and the principal element is no consent.
