Protecting Individuals from Forced Sex

Chennai, Ta. November 25, 2019, Monday

The Madras High Court issued a historic ruling saying that forcing a person to abstain from sex is a violation of Article 21 of the Constitution. The court ordered N Anand Kumar, a paralyzed person below the waist, to pay Rs 63 lakh compensation. In 2008, Anand Kumar suffered a thunderstorm, causing severe injury to his spine and paralyzing his lower back.

The victim was ordered to pay Rs 5 lakh compensation to the single judge of the High Court but the Chennai Nagar Nigam appealed against it to a larger bench, where the case was transferred to a civil court. However, the division meeting rejected the corporation's application, saying that due to the negligence of the corporation, Anand Kumar had a chance to sit on a wheelchair for a lifetime. At the same time there was a complete break on the possibility of their marriage.

Further, the meeting said, due to the negligence of the corporation, Anand will have to remain celibate against his will, deprived of his marital happiness. With the court stating that human rights are violated, forcibly avoiding sex has a detrimental effect on health, the judges emphasized in their ruling.

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In addition, the court has increased the five lakh compensation in the single judge's bench judgment by 12 times to Rs 63 lakh. It is important to point out here that the counsel appearing for the Chennai Municipal Corporation argued that the work of the electric pillars was outsourced. There was no negligence of the corporation. The court, however, rejected this.