Mahmood Farooqui v. State (NCT of Delhi)

The case of Mahmood Farooqui v. State (Govt. of NCT of Delhi) revolves around a controversial acquittal of the appellant who was accused of raping a PhD scholar of Colombia University, New York. Although he was convicted by the trial court , the High Court of Delhi set aside the conviction on appeal, reasoning that there was sufficient ambiguity to grant the benefit of doubt. This case is commonly cited as a troubling turning point in how consent is interpreted in rape law jurisprudence in India. This commentary reads the case through a feminist lens as the judgement exposes harmful biases. At the crux of the judgement lies a deeply concerning moral issue whereby a victim of rape has to meet certain criteria to qualify as such. It is in stark contrast to the survivor-centric protection mechanisms which India has fought to establish. This case continues to serve as a reminder that feminist victories mean nothing if a court of law is willing to second-guess a woman’s right to say no on her own terms.