There is also this:

https://www.ndtv.com/opinion/mahmood-farooqui-and-his-acquittal-in-rape-case-1803070

And this:

https://timesofindia.indiatimes.com/india/mahmood-farooqui-rape-acquittal-extremely-well-decided-says-supreme-court-dismissing-appeal-against-earlier-verdict/articleshow/62566322.cms

The Mahātmā moreover stated:

„I have always held that it is physically impossible to violate a woman against her will. [ . . . ] If she cannot meet the assailant's physical might, her purity will give her the strength to die before he succeeds in violating her. [ . . . ] I know that women are capable of throwing away their lives for a much lesser purpose. Only a few days ago a young girl of twenty burnt herself to death as she felt she was being persecuted for refusing to go in for ordinary studies. And she perished with such cool courage and determination. She ignited her sari with an ordinary oil-light and did not so much as raise a cry, so that the people in the neighbouring room were unaware of the happening until all was over.” Harijan, 25-8-1940 and 1-9-1940.

(Quoted from M. K. GANDHI, The Collected Works of Mahatma Gandhi (Electronic Book). 98 volumes. New Delhi: Publications Division Government of India 1999. [http://www.gandhiserve.org/ cwmg/ cwmg.html] 79, Nr. 130: 126 f).

 

Modern American and traditional Indian notions of rape, honour, consent and “sexual interaction” (e.g., the exchange of kisses can count as such) seem to differ widely.

 

It is well known that “secret intercourse with a woman who is asleep, drunk, or mentally deranged” is categorized as a form of “marriage” in ancient Indian law books.

Manu (3.34) uses “upa-gam” – inire feminam (pw) / to approach a woman sexually (MW) – for the consummation of “marriage”. upa-gam is a common verb for “having sex” in a general sense.

 

In the given context, recent English translations use however “to rape” as an equivalent (see Olivelle 2005, p. 110). Interpretations follow suit: “Tantamount to rape” (Jamison in Olivelle & Davis (ed.), Hindu Law 2017, p. 130).

 

Unless supported by unambiguous evidence, such readings should be treated as notionally anachronistic interpretations reflexively projected onto ancient India. What appears to be “rape”, or to be “tantamount to rape”, in the eyes of 21^st century Western Indologists, does not necessarily represent the viewpoint of a (pre)modern Indian society.

 

With regard to its connotation, Doniger (1991: 46) and Michaels (2010: 49) offer neutral and therefore more faithful translations of upa-gam: “to have sex with” and “Beischlaf”.

 

Actually, we are in dire need of a substantial investigation into the history of the notions of “rape” as they prevailed in premodern India. This will help to understand and assess their (dis)continuation also in the thinking of today.

 

Best,

WS