Haseena Maan Jaayegi and its disregard for consent

In the popular song Haseena Maan Jaayegi, we see a man singing – 

“Dil kehta hai ik din haseena maan jaayegi (my heart says that one day this beautiful girl will agree)

Haseena maan jaayegi (this beautiful girl will agree)”

Here, the man assumes that the woman will agree, completely ignoring the fact that the woman has not actually given her consent. In an earlier part of the song, the man makes it clear that the girl has, in fact, been clearly withholding consent through her actions (ruthegi, cheekhegi, chilaayegi (she’ll be upset, she’ll scream, she’ll shout)) 

The meaning of consent in legal terms is very strict. 

According to Section 375 of the Indian Penal Code, 1860, consent is voluntary, clear and unmistakable agreement by a person who expresses their willingness to take part in a specific sexual act. 

A woman should understand what she is agreeing to and what the consequences will be if she agrees to a sexual activity. For example, if she gives her agreement when she is unable to understand the nature and consequences of an act due to unsoundness of mind or intoxication, this is not consent.

Further, her consent should not be forcibly obtained by threatening to hurt her or making her fear for her life or the lives of her dear ones. Moreover, even if a woman doesn’t physically resist, this does not automatically mean that she has consented to the sexual activity.