
The Myth of Legal Progress: What India Gets Wrong About Consent
The Bharatiya Nyaya Sanhita (BNS), 2023, defines consent as “an unequivocal, voluntary agreement when the woman, by words, gestures or any form of verbal or non-verbal communication, communicates a willingness to participate in the specific sexual act.” On paper, this is a progressive and affirmative definition, emphasising free will, specificity, and communication. This is not…