North India Statesman
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News India Live, Digital Desk: During the hearing on the anticipatory bail plea of Kerala MLA Rahul Mamkootathil, the Kerala High Court has made an important comment regarding ‘consent and relationships’. The court questioned what is wrong in the eyes of law if an unmarried man has consensual physical relations with multiple persons.
Suspended Congress MLA Rahul Mamkootathil had approached the High Court after his bail was rejected by the Thiruvananthapuram Sessions Court. He faces serious allegations of rape and sexual harassment.
High Court’s harsh comment: questions asked to the prosecution
justice Kausar Edappagath The bench questioned the arguments made by the prosecution which cited the accused’s “pattern” (relationships with multiple women).
Court’s reasoning: Justice Edappagath said, “When under the law even a married person is allowed to have consensual relations, how did it become a crime for an unmarried man to have consensual relations with multiple persons? How can bail be rejected on this ground alone?”
Consent vs Coercion: The Court observed that the complainant woman had admitted that she had lived with the accused for two days after the alleged incident and the relationship was consensual. The court asked the prosecution to clarify whether this act falls in the category of rape or consensual sex.
What is the matter? (Key Allegations)
Allegations of sexual violence against MLA Rahul Mamkootathil three cases Are registered. The latest case started with a letter submitted to Chief Minister Pinarayi Vijayan on November 27, 2025:
Rape and forced abortion: The victim accused the MLA of forcibly having physical relations and getting an abortion.
Blackmailing: It is alleged that the MLA recorded private videos without consent and threatened to make them viral.
Mental Harassment: The woman claims that this was not a one-time incident, but part of repeated violence and mental harassment.
Main point of court proceedings
video recording: The judge clarified that “making nude videos” could be a separate crime, but the hearing is still pending. Section 376 (rape) Where consent is the most important aspect.
Defense claims: Rahul Mamkootathil admitted that they had affairs, but they were completely consensual.
Order Secure: After a long debate on Wednesday, the Kerala High Court has reserved its decision.
Political career of Rahul Mamkootathil
Rahul was suspended from the Congress party after these allegations surfaced in August last year. At present, he is already on bail in two other cases, while in this third case the court had put an interim stay on his arrest.
