Consent: Definition, Importance, Types, and Examples

Consent: It generally means agreeing to something. It becomes important in situations where our actions are affecting someone. In a relationship, too, consent forms a crucial role. It makes the partner feel comfortable and valued.

It is important to take consent from another person before entering into any kind of sexual relationship. As sexual relation established without consent of another person is not only morally wrong, it also has legal implications i.e. rape, sexual harassment.

1 in 3 women are subjected to physical or sexual violence from an intimate partner or sexual violence from non- non-partner: WHO.

It means that one person is willingly giving his /her permission to some act i.e. touching, kissing, or sexual relation. It can be explicit or implicit. Explicit consent is related to orally giving the permission to an act

Here are some examples:

Yes, I agree.
I am sure.

Implicit consent means giving permission by way of expression or body language like smiling, nodding, etc. However, it is important to note that it may be possible that a person does not mean that you have understood. Thus, it is necessary to ask for the intention of another person before making any assumption.

Moreover, It given to any relationship should be ongoing. It cannot be presumed that if a person has given permission for sexual acts in the past, then there is no need for it.

Even in marriage, before having any sexual intercourse with a spouse, the concept of consent has equal importance. Otherwise, if it is done without asking or forcefully, it amounts to sexual abuse. ⁽¹⁾

It is a very wide term. Here are some points essential for valid consent:

It should not be forced. If the person gives his /her permission under some due influence, then it does not amount to consent. For example, if a girl is forced to give her permission to have a sexual relation on the condition that if she refuses, he will kill her family members amounts to coerced consent.
Taking consent to have a relationship by suppressing some important information or misrepresenting some truth cannot be referred to as valid. Under Bhartiya Nagrik Sanhita (BNS), earlier IPC, if a person comes into a sexual relationship with a female by making a false promise of marriage, it is punishable.
A person who is giving citto enter into a sexual relationship should be competent. For instance, having a sexual act with a girl below 18 years, even after taking it from her, is illegal as she is not competent to give permission under the POCSO Act.
Under the influence of a toxic substance, or when a person is not mentally able to give her consent, refers to no permission.
When the person is not able to deny or resist an act, it does not mean that they have consented to it.

Legal consequences of consent:

Under the POCSO Act, a child is defined as a person below 18 years. Any sexual act or assault with a child is illegal and has a punishment of a minimum of 10 years imprisonment. According to the data compiled by the National Crime Records Bureau (NCRB) for 2021, the largest number of victims of cases under POCSO are between 16 and 18, and are mostly girls. ⁽²⁾
IPC criminalizes any sexual act with a girl forcefully, as rape and have severe punishment from imprisonment of ten years to life imprisonment. ⁽³⁾
IPC also criminalizes the act if a man enters into a sexual relationship with her wife, provided that she is below 18 years old.
Sexual intercourse by a husband with his wife during separation and without her permission should be punished with imprisonment for a term not less than 2 years but may extend to 7 years, and also be liable to fine.

The law commission of India in its 84^threport shed light on concept of it in determining all prosecutions of rape.

Mental Consequences

Non-consensual sex can have a lot of negative implications on the mind of the victim. It makes them feel that they are not able to protect themselves. Their self-esteem reduces. It can lead to many lifelong problems such as anxiety, depression, and social isolation etc.

It is crucial to know about what the other person wants when you are entering into a sexual relationship with her/him.

Communication is key: There should be a free environment to openly discuss willingness and choices, in order to have it.
Informed Decision: It should be clear to both partners about what they are agreeing to.
Respecting Boundaries: If the other person is denying your proposal, it is necessary to learn to respect their decision.

If there is any doubt in your mind regarding the implicit it, it is good to ask them to know about their intentions. ⁽⁴⁾

Myths and facts

There are lots of myths and facts about it. Let’s clear it.

Myth: Consent is irreversible

Fact: It is ongoing and can be taken back at any time. One-time sexual act does not mean consent has also been given for such acts in the future.

Myth: Men cannot be sexually assaulted

Anyone can be sexually assaulted regardless of their gender. One case is the alleged suicide of a 23-year-old man, hours after he was gang-raped by four men in Uttar Pradesh’s Gorakhpur district.

A note from kamarth

Lack of knowledge about it leads to unwanted sex. It has legal and oral consequences, adversely affecting life. For a healthy relationship, It is a crucial pillar. It is necessary to communicate, understand, and accept others’ decisions. We should educate and create awareness about the importance of it.

Some Additional Doubts

Question: What is consent?
Answer: It is a kind of taking permission in a relationship.

Question: What happens when there is no consent?
Answer: All sexual acts without it, comes under assault.

Question: What makes someone unable to give consent?
Answer: If someone is mentally not fit or under the influence of drugs or alcohol, below 18 years in India is unable to give it.

Question: Is the POCSO Act gender neutral?
Answer: Yes, it is gender neutral. Sexual acts with any child below 18 are illegal.

Question: What questions should you ask for it?
Answer: You can ask verbally to the other person i.e., Are you comfortable with it?, Do you want to do that?

References

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What is consent in a relationship?

Concept of consent

Why is consent important?