The present definition of consent is couched in a language of negation, creates a problem in sexual assault cases

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Last Updated09/12/2022

Consent is not parochial. It hinges on an active and conscious exercise of freedom and the ability to make a choice that is bereft of coercion.
It is not a blanket immunity given to a series of acts but a form of reassurance given by you to your partner for each of the acts.

Antithesis of rape
Nuances of consent need to be explored in rape & sexual assault.
Not vitiated by circumstances eroding freedom of choice
Substitution of the expression “free and voluntary consent” with an opaque “consent” recommended.

United Nations Committee on the Elimination of Discrimination against Women (CEDAW)
Recommended that the definition of rape in domestic legislation be amended to make lack of consent a central requirement.
Proposed a new definition of consent that mandates an “unequivocal and voluntary agreement” necessitating proof of steps taken by the accused to ascertain whether the complainant was consenting.
California, 2014
Adopted an affirmative consent standard
Defined as “affirmative, conscious, and voluntary agreement to engage in sexual activity”.
Australia’s Queensland, 2022
Submitted a report based on the experience of women and girls to amend its existing laws on rape.
Recommended the new law include affirmative consent laws.

“Informed, voluntary, and active through the demonstration of clear words or actions” wherein a person has given their permission to engage in consensual sexual activity.
Specifies that such affirmative consent can be withdrawn at any time.

It is time India moved to an affirmative definition of consent. Such a definition would aid in plugging the loopholes that appear in the present definition of consent which is couched in a language of negation.
The need of the hour is, therefore, a law that places a premium on consent as the deciding factor.