While the battle for consent has been won in the courtrooms, the larger war in the bedroom remains unconquered. On September 6, the Supreme Court decriminalised consensual gay sex, bringing joy and loads of relief to a huge section of Indian society. However, it is the keepers of the law that are anxious over the anticipated astronomical rise in statistics of 'betrayed' partners in what they call 'technical' rapes.

Speaking to mid-day, Advocate Rajeshwar Panchal said, "Since section 377 has not been quashed in its entirety, the same will continue to be operative. However, consenting parties would not be subjected to prosecution under this section. However, just like there are cases where section 376 (rape) has been misused, the possibility of misusing section 377 cannot be ruled out as the consenting party may make an allegation that he/she never gave consent or it was obtained by fraud or force or misrepresentation etc,. In the coming times, we would certainly have the occasions to face such circumstances." Panchal cited numerous court orders setting aside misuse of section 376 by registering after thought rape cases (see box).