Delhi Rape : Can Two Wrongs Make a Right?
COMMISSION ASKS PUBLIC OPINION ABOUT RAPE LAWS OF INDIA
Here are few inputs that believers of Gender Neutrality in TRUE sense have shared with the Commission. Have copied the formats from various sources and activists and NGOs.
Please use these drafts and put your own thoughts
Please keep writing to justice.verma@nic.in with your recommendations.
INPUTS from SIFF Founders :
What is the best way to amplify effect of our mails? Be silent and think.
==============================
"Use the Right Subject". Use a CRISP, but powerful Subject Line, while you can use any of our templates in content of mail. That way, we can create 100 times more leverage, while foolish protestors will use subject lines like "Castrate Rapists", "Hang Rapists" etc.
Please create a list of subjects that our members can use. Mail them to all our guys. Tell them to choose one or two randomly. Here are a few subjects from me, which can catch attention. Watch the fonts....
1) We OPPOSE Death Penalty.
2) Draconian Rape Laws will be MISUSED.
3) end MISUSE of Rape Laws.
4) Only Police Reforms, we say, "No to Death Penalty".
5) No to Taliban Laws, No to Death Penalty.
6) Police Reforms, End Misuse of Rape Laws.
7) 50% Rape Cases are False, Justice for False Rape Victims
8) Tough Laws will be Counter Productive.
9) End Miscarriage of Justice.
10) Punish women who file False Rape Cases.
11) Why Men are Arrested on Mere allegations.
12) Draconian rape Laws will Violate Human Rights.
13) Police does not work, because there is no Police Reform.
14) Police extorts, They have no Time to Work.
15) Tough Laws Never work, Do Police Reforms.
16) Police Busy in Marital Problems, No time to Stop Rape.
17) CAW cells should not be used for Marital Problem solving.
18) Men are more unsafe in Delhi than women.
19) More Men compared to Women get murdered in Delhi.
20) Men are Disposable Gender.
21) Keep Marital Rape Outside Sexual Assault Laws.
22) Men's Rights Organisations Oppose False Rape cases.
23) Why Men in Live-in Relation are Accused of Rape.
24) Punish women who file False Rape Cases.
25) Why TISS False Rape Accuser not Punished.
Your Mothers and Sisters can post as:
============================
26) Women's Activist demands "No Death Penalty".
27) I am a woman, I say No to Draconian Laws.
28) I am Woman, Save my sons from False Rape Cases.
29) I am Afraid of False case on my Brother: A Woman.
Please add another 100 or 200 subjects (for mail) and use them. Your emails can be generic.
What is the best way to amplify effect of our mails? Be silent and think.
==============================
"Use the Right Subject". Use a CRISP, but powerful Subject Line, while you can use any of our templates in content of mail. That way, we can create 100 times more leverage, while foolish protestors will use subject lines like "Castrate Rapists", "Hang Rapists" etc.
Please create a list of subjects that our members can use. Mail them to all our guys. Tell them to choose one or two randomly. Here are a few subjects from me, which can catch attention. Watch the fonts....
1) We OPPOSE Death Penalty.
2) Draconian Rape Laws will be MISUSED.
3) end MISUSE of Rape Laws.
4) Only Police Reforms, we say, "No to Death Penalty".
5) No to Taliban Laws, No to Death Penalty.
6) Police Reforms, End Misuse of Rape Laws.
7) 50% Rape Cases are False, Justice for False Rape Victims
8) Tough Laws will be Counter Productive.
9) End Miscarriage of Justice.
10) Punish women who file False Rape Cases.
11) Why Men are Arrested on Mere allegations.
12) Draconian rape Laws will Violate Human Rights.
13) Police does not work, because there is no Police Reform.
14) Police extorts, They have no Time to Work.
15) Tough Laws Never work, Do Police Reforms.
16) Police Busy in Marital Problems, No time to Stop Rape.
17) CAW cells should not be used for Marital Problem solving.
18) Men are more unsafe in Delhi than women.
19) More Men compared to Women get murdered in Delhi.
20) Men are Disposable Gender.
21) Keep Marital Rape Outside Sexual Assault Laws.
22) Men's Rights Organisations Oppose False Rape cases.
23) Why Men in Live-in Relation are Accused of Rape.
24) Punish women who file False Rape Cases.
25) Why TISS False Rape Accuser not Punished.
Your Mothers and Sisters can post as:
============================
26) Women's Activist demands "No Death Penalty".
27) I am a woman, I say No to Draconian Laws.
28) I am Woman, Save my sons from False Rape Cases.
29) I am Afraid of False case on my Brother: A Woman.
Please add another 100 or 200 subjects (for mail) and use them. Your emails can be generic.
=================================================================================
Dear Hon'ble Justice Mr. Verma,
India, for past 1 week or more has been completely covered with the alleged Rape incident in Delhi.
It is good to see that a committee has been formed under your able guidance to look into the current provisions & Laws.
We hope that under your able guidance, India will not respond to "alleged" barbarism with Barbarism itself.
Following are the requests from a responsible citizen of India:1. Rape Laws must be made Gender Neutral so that every citizen of India undergoing harassment is ATLEAST given a choice to make a complaint if Rape is being done to him/her. Almost all countries have gender neutral laws while India taking the cover of Article 15(3) of constitution is being forced by feminist lobby's to make Gender Biased Laws. It is highly unfortunate that 15(3) is being used to contradict Article 15 itself, which is NOT permitted as per the Constitution of India.Article 15(3) allows provisions (NOT LAWS) whereas Article 15(5) does allows making provisions, by law, but NOT in Article 15(3)
2. With the advent of forces to make more Gender Biased laws, Parliament has been forced to pass "easy to use" laws. Unfortunately, there is a very finebalance that needs to be brought between "ease of use" and "EASE OF MISUSE". Under the lobbying forces, and NO representation of other gender, is it democratic to make laws purely from drafts provided by Feminist Organisations? Is it Justice sir?
3. Police machinery MUST NOT be FORCED to lodge a complaint under Rape even if they feel prima-facie to be false. Then the question arises that how to ensure that it is not left at desecration of Police (who, we must accept, are not trained enough for this)? There are provisions like CrPC 156(3) where a complainant can lodge a complaint with a Judicial Magistrate for cognizable offences. With our able Judiciary who have the experience, ability, education and training to handle such sensitive complaints, it would be best for the respected Judicial officer and Not Police to accept the complaints and order investigation if found prima-facie true. Atleast that could also help a complainant for not going through the embarrassment of going through Police Procedures of "may be" unwanted questions and also would ensure that innocent people are not easily charged with cases which are false and are filed just to wreck personal vengeance (such false cases are NOT less in number at all).
4. Misuse clause is of utmost importance to ensure that a provision must not be misused as we have to agree that with just a complaint of a petitioner, the accused gets convicted in his/her society circles and unfortunately media also does not leave any stones unturned to defame the accused people. For the benefit of Justice, it is imperative that WITHIN the same law, the clause of "Punishment for Misuse" has to be there. You may also agree that Punishment of misuse may still not give back the life of the accused that he/her would have spent in defending against a false complaint but it could still stop unscrumplous people to use these (or rather misuse) these provisions for greedy gains. Misuse of any provision MUST carry equal Punishment that would have been given in case of conviction.
5. Type of Punishment is another major point where we have seen India's hidden frustrations pouring out in front of TV asking Capital Punishment. I, as a citizen having faith in the Law of Land, strongly trust our respected Judiciary to gauge the rarity of the crime and not based on Political / Social / Media / Other pressures. Based on the rarity, the applicable sentence must be awarded to those proven Guilty. India has set-up examples of its Humane Judiciary and Culture across the globe when dreaded terrorist like Kasab was allowed to defend himself through various Hon'ble Courts and even exercising President's Pardon. When we can allow that to convicts like Kasab, why not to others? There MUST NOT be direct Capital Punishment for provisions of Law just because it involves crime against particular gender. By doing this, we would ourselves prove to be a country with Gender Bias.
Most importantly, the foundation of Laws of India are known that even if 100 criminals are spared, even 1 Innocent must not be punished.
We have flawed as a country on above provisions when we allowed laws like 498A / PWDVA which are used OPENLY as tools of wrecking personal vengeance. We can not let the same happen continuing with Rape laws also now.
With our Hon'ble Courts already over loaded with loads of false cases under various "easy to misuse" provisions of law (like 498A / PWDVA / Adultry laws / Family Laws), we can open another provision with same "Ease of misuse" to punish our Judiciary.
Requesting you to kindly read these recommendations as coming from a sensible, Law abiding, Law TRUSTING Indian Citizen.
=================================================================================
The main highlight : 1. Demand the rape law should be gender netural.( your 99% problem will be solved, as they will not any law by which a women will face false and fabricted case or hang to death punishemnt).2. Physical realtion on marrage promise or live in should not be rape. 3. Maximum punishement should be life impresement only, no capital punisment, as followed by all over world.All over world follwo and UN resolatuion, capitial punishment should be removed and more than 120 coutnry agreed. As it is animal mind set, kill some one in the name of justice. All religion says, hate the pap, not the papi, remind to all , capital punishemtn increse crime in society, like murder have capital punishemnt and have maximum crime murder in india.We are worlds number one in murder cases.4. False cases proved behond resonable dought should have punishemnt minimum 7 years .5. Try to get as many as false rape cases news.6. As many as news of women abuse child or rape.
For more details visit :http://swarup1972.blogspot.in/
Also read my blog to make your own letter and also do not forget to blog the same for more people.
Huma Khan sentenced to 3 years jail for torturing minor girl: Why Electronic media is silent?
Dear all media editors , women org and MP
Would please tell us what restrict you all to term such crime as heinous crime? As the same done by a women, you all are silent?
If this had been done by any men , all news channel had been made the provocation and protest with claim Indian girls are not safe and amend the law to fulfill the male haters fantasy to kill innocent men?
Please please make the "Work Place Harassment law gender neutral" more than 35+ country have allover the world , as criminal does not have any sex, caste or religion.
Question to all those protestors at India gate, does not this girls need justice and why Ms. Huma khan should not be hanged , would you please tell us?
Full news : Huma Khan sentenced to 3 years jail for torturing minor girl: Why Electronic media is silent?
Huma Khan, a 47-year-old actress who had appeared in a string of C grade films during the late 80s and early 90s, has been charged for kidnapping and criminal intimidation and sentenced to three years of rigorous imprisonment by Additional Sessions Court Judge AR Waghwate.
Her brother Shammiuddin Moinuddin Shaikh, though booked, has been acquitted after he made the court believe that he was impotent. Medical reports , however, prove otherwise.![]()
Khan, a resident of Dahisar, was arrested for the illegal detention of her maid's daughter. The victim, Shanti Mansingh Vishwakarma, 16, had alleged she had been taken to Pune from June 2007 to February 2008 by the small time actress, and where her brother raped her three times.
A complaint registered by the victim's mother Reshma Mansingh Vishwakarma at the Mira Road Police Station on February 25, 2008 declares: "Khan and Shaikh had illegally kept the girl and burnt her with cigarettes. Sixty-six injury marks have been found on her body."
Chief Public Prosecutor RJ Qadri said, "She was arrested after the complaint on charges of rape, attempt to murder, kidnapping and criminal intimidation under Sections 307, 363, 376 read with 114 of the IPC. She was in Kalyan Jail but left on bail later."
Shanti often used to accompany her mother when she used to work for Khan in the Rashmi Tanna Building in Mira Road. After her film career failed to take off, Khan shifted to Pune to stay near her brother. She took her maid Reshma's daughter with her saying she will treat Shanti as her own daughter and manage all her expenses.
Hemlata Deshmukh, Additional Public Prosecutor said: "We are not satisfied with the judgement that has been met out to Shammiuddin Shaikh. We will appeal to higher court."
Shanti, after a year of surviving the torture, managed to reach her mother and told her plight. Her mother then took her to the police and doctors who said that the wounds indicate that she had been beaten up and singed with cigarettes on almost all parts of her body, including her tongue.
- Mustafa Shaikh and Ram Parmar
History witness let start from Mahabharata to any terrorist organizations or political agitations, they had always used the women abuse as excuses to create war and kill innocent men, although there is enough examples the criminal activity is not a gender specific issue. Would we also want to do the same once again? Please think for a moment!!!
Today we are in 21st centruty we are still suffering the same mind set , result making more and more biased and one sided law which destroy the basic foundation of family and institution of marriage, which was the most deterrent to reduce the crime.
Any way the fantasey of male hater organizations to kill the men as whole sale free license is going to get fulfilled very soon as allover the world the stastics shows the capital punishment used only against poor and socially down people and India is not different , just have the look for all capital punishments Judgements for reference.
Those term Delhi as rape capital must know:http://www.nationmaster.com/
DEFINITION: Number of sexual assaults recorded by police in that country per 100,000 population.
India 1.7 per 100000 population.http://www.causes.com/causes/
Somewhere in America, a woman is raped every 2 minutes, according to the U.S. Department of Justice.
In 1995, 354,670 women were the victims of a rape or sexual assault. (National Crime Victimization Survey. Bureau of Justice Statistics, U.S. Department of Justice, 1996.)
The FBI estimates that 72 of every 100,000 females in the United States were raped last year. (Federal Bureau of Investigation, Uniform Crime Statistics, 1996.)
http://muslimrapewave.
Now coming back to india , male hatters never discuss that we have some skewed definition of r@pe. After living for two years or so as live-in-partners and sleeping in the same bed, to accuse the male partner of r@pe if he refused to marry is the height absurdity. And police recording it as r@pe the culmination of stupidity. Such stupid definition no country all over the world have. First need to plug this loop hole first or cry for rape is increasing and increasing .
As per crime bure report about 70% found not guilty and more than 90% are mutual physical relation converted to r@pe cases?
Where the real r@pistpolice can't catch, send every tom,dick or harry as rapist in false and fabricated cases.
Some recent news :http://timesofindia.
jail
terms as this should be termed as legal terrorism. Other wise the day is
not too far when any ram, shyam, jadu or madhu will be termed as rapist.
http://articles.timesofindia.
Read the Rape law of Country like :
Sweden, United states, England, Scotland, Germany , no where death penalty
is there.
http://www.bbc.co.uk/news/
Caution : If any Law or policy made without keeping in mind the history of mistakes and possibility of misuses clause , with the assumption that all women born in Raja Harish chandra family ( never lie) and all men born in criminal family , will lead to a disharmony in society and net results will be the "INCREASE IN CRIME IN SOCIETY".
Choice to you to support a gender neutral balanced law by which both men or women can lead a dignified life or refuse to accept that women can also do the heinous crime and make one sided biased law to fulfill the long fantasy of Indian male haters organizations , how to kill men legally and the same should not be termed as crime.
For more details visit :http://swarup1972.blogspot.in/
India, for past 1 week or more has been completely covered with the alleged Rape incident in Delhi.
It is good to see that a committee has been formed under your able guidance to look into the current provisions & Laws.
We hope that under your able guidance, India will not respond to "alleged" barbarism with Barbarism itself.
Following are the requests from a responsible citizen of India:1. Rape Laws must be made Gender Neutral so that every citizen of India undergoing harassment is ATLEAST given a choice to make a complaint if Rape is being done to him/her. Almost all countries have gender neutral laws while India taking the cover of Article 15(3) of constitution is being forced by feminist lobby's to make Gender Biased Laws. It is highly unfortunate that 15(3) is being used to contradict Article 15 itself, which is NOT permitted as per the Constitution of India.Article 15(3) allows provisions (NOT LAWS) whereas Article 15(5) does allows making provisions, by law, but NOT in Article 15(3)
2. With the advent of forces to make more Gender Biased laws, Parliament has been forced to pass "easy to use" laws. Unfortunately, there is a very finebalance that needs to be brought between "ease of use" and "EASE OF MISUSE". Under the lobbying forces, and NO representation of other gender, is it democratic to make laws purely from drafts provided by Feminist Organisations? Is it Justice sir?
3. Police machinery MUST NOT be FORCED to lodge a complaint under Rape even if they feel prima-facie to be false. Then the question arises that how to ensure that it is not left at desecration of Police (who, we must accept, are not trained enough for this)? There are provisions like CrPC 156(3) where a complainant can lodge a complaint with a Judicial Magistrate for cognizable offences. With our able Judiciary who have the experience, ability, education and training to handle such sensitive complaints, it would be best for the respected Judicial officer and Not Police to accept the complaints and order investigation if found prima-facie true. Atleast that could also help a complainant for not going through the embarrassment of going through Police Procedures of "may be" unwanted questions and also would ensure that innocent people are not easily charged with cases which are false and are filed just to wreck personal vengeance (such false cases are NOT less in number at all).
4. Misuse clause is of utmost importance to ensure that a provision must not be misused as we have to agree that with just a complaint of a petitioner, the accused gets convicted in his/her society circles and unfortunately media also does not leave any stones unturned to defame the accused people. For the benefit of Justice, it is imperative that WITHIN the same law, the clause of "Punishment for Misuse" has to be there. You may also agree that Punishment of misuse may still not give back the life of the accused that he/her would have spent in defending against a false complaint but it could still stop unscrumplous people to use these (or rather misuse) these provisions for greedy gains. Misuse of any provision MUST carry equal Punishment that would have been given in case of conviction.
5. Type of Punishment is another major point where we have seen India's hidden frustrations pouring out in front of TV asking Capital Punishment. I, as a citizen having faith in the Law of Land, strongly trust our respected Judiciary to gauge the rarity of the crime and not based on Political / Social / Media / Other pressures. Based on the rarity, the applicable sentence must be awarded to those proven Guilty. India has set-up examples of its Humane Judiciary and Culture across the globe when dreaded terrorist like Kasab was allowed to defend himself through various Hon'ble Courts and even exercising President's Pardon. When we can allow that to convicts like Kasab, why not to others? There MUST NOT be direct Capital Punishment for provisions of Law just because it involves crime against particular gender. By doing this, we would ourselves prove to be a country with Gender Bias.
Most importantly, the foundation of Laws of India are known that even if 100 criminals are spared, even 1 Innocent must not be punished.
We have flawed as a country on above provisions when we allowed laws like 498A / PWDVA which are used OPENLY as tools of wrecking personal vengeance. We can not let the same happen continuing with Rape laws also now.
With our Hon'ble Courts already over loaded with loads of false cases under various "easy to misuse" provisions of law (like 498A / PWDVA / Adultry laws / Family Laws), we can open another provision with same "Ease of misuse" to punish our Judiciary.
Requesting you to kindly read these recommendations as coming from a sensible, Law abiding, Law TRUSTING Indian Citizen.
=================================================================================
The main highlight : 1. Demand the rape law should be gender netural.( your 99% problem will be solved, as they will not any law by which a women will face false and fabricted case or hang to death punishemnt).2. Physical realtion on marrage promise or live in should not be rape. 3. Maximum punishement should be life impresement only, no capital punisment, as followed by all over world.All over world follwo and UN resolatuion, capitial punishment should be removed and more than 120 coutnry agreed. As it is animal mind set, kill some one in the name of justice. All religion says, hate the pap, not the papi, remind to all , capital punishemtn increse crime in society, like murder have capital punishemnt and have maximum crime murder in india.We are worlds number one in murder cases.4. False cases proved behond resonable dought should have punishemnt minimum 7 years .5. Try to get as many as false rape cases news.6. As many as news of women abuse child or rape.
For more details visit :http://swarup1972.blogspot.in/
Also read my blog to make your own letter and also do not forget to blog the same for more people.
Huma Khan sentenced to 3 years jail for torturing minor girl: Why Electronic media is silent?
Dear all media editors , women org and MP
Would please tell us what restrict you all to term such crime as heinous crime? As the same done by a women, you all are silent?
If this had been done by any men , all news channel had been made the provocation and protest with claim Indian girls are not safe and amend the law to fulfill the male haters fantasy to kill innocent men?
Please please make the "Work Place Harassment law gender neutral" more than 35+ country have allover the world , as criminal does not have any sex, caste or religion.
Question to all those protestors at India gate, does not this girls need justice and why Ms. Huma khan should not be hanged , would you please tell us?
Full news : Huma Khan sentenced to 3 years jail for torturing minor girl: Why Electronic media is silent?
Huma Khan, a 47-year-old actress who had appeared in a string of C grade films during the late 80s and early 90s, has been charged for kidnapping and criminal intimidation and sentenced to three years of rigorous imprisonment by Additional Sessions Court Judge AR Waghwate.
Her brother Shammiuddin Moinuddin Shaikh, though booked, has been acquitted after he made the court believe that he was impotent. Medical reports , however, prove otherwise.
A complaint registered by the victim's mother Reshma Mansingh Vishwakarma at the Mira Road Police Station on February 25, 2008 declares: "Khan and Shaikh had illegally kept the girl and burnt her with cigarettes. Sixty-six injury marks have been found on her body."
Chief Public Prosecutor RJ Qadri said, "She was arrested after the complaint on charges of rape, attempt to murder, kidnapping and criminal intimidation under Sections 307, 363, 376 read with 114 of the IPC. She was in Kalyan Jail but left on bail later."
Shanti often used to accompany her mother when she used to work for Khan in the Rashmi Tanna Building in Mira Road. After her film career failed to take off, Khan shifted to Pune to stay near her brother. She took her maid Reshma's daughter with her saying she will treat Shanti as her own daughter and manage all her expenses.
Hemlata Deshmukh, Additional Public Prosecutor said: "We are not satisfied with the judgement that has been met out to Shammiuddin Shaikh. We will appeal to higher court."
Shanti, after a year of surviving the torture, managed to reach her mother and told her plight. Her mother then took her to the police and doctors who said that the wounds indicate that she had been beaten up and singed with cigarettes on almost all parts of her body, including her tongue.
- Mustafa Shaikh and Ram Parmar
History witness let start from Mahabharata to any terrorist organizations or political agitations, they had always used the women abuse as excuses to create war and kill innocent men, although there is enough examples the criminal activity is not a gender specific issue. Would we also want to do the same once again? Please think for a moment!!!
Today we are in 21st centruty we are still suffering the same mind set , result making more and more biased and one sided law which destroy the basic foundation of family and institution of marriage, which was the most deterrent to reduce the crime.
Any way the fantasey of male hater organizations to kill the men as whole sale free license is going to get fulfilled very soon as allover the world the stastics shows the capital punishment used only against poor and socially down people and India is not different , just have the look for all capital punishments Judgements for reference.
Those term Delhi as rape capital must know:http://www.nationmaster.com/
DEFINITION: Number of sexual assaults recorded by police in that country per 100,000 population.
India 1.7 per 100000 population.http://www.causes.com/causes/
Somewhere in America, a woman is raped every 2 minutes, according to the U.S. Department of Justice.
In 1995, 354,670 women were the victims of a rape or sexual assault. (National Crime Victimization Survey. Bureau of Justice Statistics, U.S. Department of Justice, 1996.)
The FBI estimates that 72 of every 100,000 females in the United States were raped last year. (Federal Bureau of Investigation, Uniform Crime Statistics, 1996.)
http://muslimrapewave.
Now coming back to india , male hatters never discuss that we have some skewed definition of r@pe. After living for two years or so as live-in-partners and sleeping in the same bed, to accuse the male partner of r@pe if he refused to marry is the height absurdity. And police recording it as r@pe the culmination of stupidity. Such stupid definition no country all over the world have. First need to plug this loop hole first or cry for rape is increasing and increasing .
As per crime bure report about 70% found not guilty and more than 90% are mutual physical relation converted to r@pe cases?
Where the real r@pistpolice can't catch, send every tom,dick or harry as rapist in false and fabricated cases.
Some recent news :http://timesofindia.
jail
terms as this should be termed as legal terrorism. Other wise the day is
not too far when any ram, shyam, jadu or madhu will be termed as rapist.
http://articles.timesofindia.
Read the Rape law of Country like :
Sweden, United states, England, Scotland, Germany , no where death penalty
is there.
http://www.bbc.co.uk/news/
Caution : If any Law or policy made without keeping in mind the history of mistakes and possibility of misuses clause , with the assumption that all women born in Raja Harish chandra family ( never lie) and all men born in criminal family , will lead to a disharmony in society and net results will be the "INCREASE IN CRIME IN SOCIETY".
Choice to you to support a gender neutral balanced law by which both men or women can lead a dignified life or refuse to accept that women can also do the heinous crime and make one sided biased law to fulfill the long fantasy of Indian male haters organizations , how to kill men legally and the same should not be termed as crime.
For more details visit :http://swarup1972.blogspot.in/
- One in 6 boys are sexually assaulted by the age of 18 in the US.[2]
- The US justice department estimates that over 9% of Males in the US experience sexual assault and rape are Male.
- An estimated 92,700 males are forcible raped in the US each year[3].
- A copy of the US Rape statistics quoted above can be downloaded by the committee at www.ncdsv.org/images/sexualass
aultstatistics.pdf
- Make rape a gender neutral offense to allow protection to all citizenry irrespective of gender age and sexual orientation. Do not modify any gender neutral elements of the proposed Sexual assault bill.
- Implement Police reform reports in letter and spirit, to increase conviction rates.
- Empower the police with education and better sexual assault forensics to enable better evidence collection, which will stand the rigors of trail. Abolish antiquated methods like two finger test.
- Implement ICT in the criminal judicial system to increase rape convictions.
- Implement Judicial Reform Reports in letter and spirit
- Implement E-Courts as is already in the west, for speedier justice.
- Provide mechanism to filter out false and frivolous cases quickly and admit genuine cases where rape indeed has occurred. Inset a misuse clause in the proposed Sexual Assault bill as was recommended by learned members of the government itself in the Lokpal bill which in this case would state
=================================================================================
Hon’ble Justice J. S. Verma
New Delhi
Dear Sir,
Sanity, however, demands that any amendments should pass the test of rationality and provide sufficient safeguards to avoid “miscarriage” of justice.
There are two very central issues in the current law making and judicial process:
There are huge number of false cases where consensual sex is later turned into Rape to achieve oblique motives: When live-in turns sour, man becomes ‘rapist’ TNN Oct 9, 2012, http://articles.timesofindia.indiatimes.com/2012-10-09/chennai/34341916_1_live-in-relationships-godman-nithyananda
Police in many cases knows and acknowledges that huge number of cases are false e.g., the report by Pune Police in 2010 [4].
With Regards,
<!--[endif]-->
Reference : http://www.lawcommissionofindia.nic.in/rapelaws.htm
`375. A man is said to commit "sexual assault" if he –
(i) any part of his body; or
(ii) any object manipulated by such man except where such penetration is carried out for proper hygienic or medical purposes;
(b) manipulates any part of the body of woman so as to cause penetration into the vagina, the anus or the urethra of the offender by any part of the woman's body;
(c) introduces any part of his penis into the mouth of woman, under the circumstances falling under any of the following six descriptions:-
Fake rape victims a danger to society: Court
Take action against girl for filing false rape case: HC to cops
Further, There are huge number of false cases where consensual sex is later turned into Rape to achieve oblique motives as reported here: When live-in turns sour, man becomes ‘rapist’ TNN Oct 9, 2012, http://articles.timesofindia.
=================================================================================
To,
Honorable (Retd.) Chief Justice J S Verma ji and esteemed members of the committee,
Sub: - Feedback, comments and suggestions on Rape Law amendment from INSAAF and request to depose in front of the committee with facts and evidence
INSAAF vide this Fax/Email hereby presents its feedback, comments and suggestions on Rape (Sexual Assault) Law. INSAAF and its research teams have for long studied the Indian legal system and hence request an audience with the committee to provide valuable research data on Rape Law and its evolution in the Indian legal system.
About INSAAF: “Indian Social Awareness and Activism Forum” INSAAF is an international think tank specializing in social and gender research. Consisting entirely of intelligentsia possessing vast collective expertise in advancing social reform, legislative consultation and advisory research this Non Governmental Organization (NGO) has branches both the United States and in India. INSAAF’s factual and unbiased research has been recognized and we have been invited over 7 times by Rajya Sabha committees to depose on various issues of national importance. We have acted as trusted advisers on national and international research studies and have provided very credible data and unbiased factual research on various legislative issues both at the state and national level both in US and in India. We have approximately 1400 active contributing research experts all over the world supplying us with their valuable opinion.
Rarely has the world seen a situation where under pressure from mob fury has the government decided to change a law as critical as rape where the life, liberty and future of both the accuser and the accused are at stake. With such massive stakes at hand, INSAAF is saddened to see this state of affairs and wants to start by recommending restraint and is confident that the learned members of the committee with their collective experience will prevent the formulation of quick solutions under pressure from public pressure and some women’s groups which might prove to be far more detrimental than the problem itself in the long run.
Indian Rape laws will be soon called sexual assault law and a major change will be to make it gender neutral to protect both genders including LGBT and enuchs. This in our opinion is a major progressive step keeping in tune with varied sexual orientations and rapidly changing societal dynamics and must be welcomed by the committee. Coming to the implementation of Sexual Assault laws in India, we frequently ask if the law is at fault or is the implementation mechanism. INSAAF believes that the poor conviction record of rape claims is combination of the poor sexual assault forensics in some cases and the authenticity of the claims in others.
Police as an organization needs reform
The Police in India which is the first point of contact in India for a rape victim is a blunt force of aggression used to instill fear amongst the populace. This has preferred way of operating the police force by all our political parties and three consecutive police reform reports are gathering dust because of a lack on interest amongst the political class to transform the police into a people friendly organization. Confessions in rape cases if any are extracted through coercive techniques which do not stand the test of trail in a court of law. Bribes are rampant and are used both way, to file false rape cases, plant or remove evidences and do poor and fault investigation in genuine cases to get acquittals.
ICT interventions for tackling the Criminal Justice System
There is an urgent need to modernize police stations by having technologically equipped interrogation rooms, State of the Art telephone recording systems with programmed interface and Mobile Forensic Vans. Technical evidence like recovery of material as well as samples can be done through electronic systems so that hostile witnesses can be avoided. chargesheets, FIR, statements and other essential documents can also be filed not only in the hard copy form but also electronically i.e. on CDs/ DVDs. FIR should be electronically generated and stored and may be made available to the complainant and the accused, through use of a password or secure key. All the above including extensive use of Video conferencing are generally practiced in the developed country, and the same should also be practiced in India, to increase the conviction rate of Rape cases.
Poor “Sexual Assault Forensics” available to investigating agencies
In the west most police departments use something called as a ‘Rape Kit” to verify the authenticity of claims of sexual assault. The kit has a unique number assigned and is designed to collect samples from the survivor's mouth, vaginal and/or anal cavities, fingernails, and other parts of the body that the perpetrator touched during the assault. The medical provider conducting the exam must ask the survivor if he or she had consensual (willing) sex with anyone in the past 5 days who may also have left behind DNA. This step helps law enforcement determine which DNA was left by a consensual partner and which DNA belongs to the perpetrator. If there are signs that the accuser may have been drugged, a toxicology kit may be collected. Rape kits brought to the crime lab and are analyzed by, when a police complaint is received. However in India not even the medical practitioners have the education, knowledge or equipment to handle such foolproof evidence collection mechanism. This is the primary reason, why the prosecution fails to make its case. Indian evidence collection mechanism still relies on the antiquated and humiliating two finger test which involves a doctor inserting fingers in a rape victim's vagina to determine its "laxity" and decide if she is "habituated to sex." The two finger test is often used by the defense to discredit the testimony of the Sexual assault victims since if the fingers have passed the victim, she is termed to be as habituated to sex.
False Rape claims and the Outrageous logic of “Sex with promise of marriage is Rape”
One outrageous and one of the most frequently cited reason of Rape in India are incidents where consensual sexual intercourse between two willing partners suddenly becomes rape, much later due to a fall out in the relationship and breakdown in marriage. In the 21st century where the gender orientations of young people are getting liberalized, this antiquated logic is still upheld by many courts and leads to a flurry of false rape cases when the jittered female partners file rape cases to get even with male partners. The Pune Police women’s cell in a 2010 survey of all rape cases in the city concluded that in 74 per cent of rapes since 2008 were actually consensual sex based on false promises of marriage.[1]
The problem with entertaining rape cases with such outrageous and frivolous grounds is that is puts an enormous pressure on the overloaded and poorly equipped investigating machinery and most importantly moves scarce resources away from the genuine cases, which needs attention. Such misuse of gender allegations has also been observed in 498a and DV act the misuse of which was referred to as “Legal Terrorism” by the Hon Supreme Court.
Thus consensual sex with or without the promise of marriage should not constitute Sexual Assault
Sexual Assault of Men, Transgender and same sex sexual assaults are ignored
WHO report on sexual violence classifies Sexual Violence against men & boys to be a significant problem. The world health organization in its report titled “Sexual Violence” has dedicated a separate section on sexual assault against men and boys and states the below
“In many countries the phenomenon is not adequately addressed in legislation. In addition, male rape is frequently not treated as an equal offence with rape of women. Many of the considerations relating to support for women who have been raped --- including an understanding of the healing process, the most urgent needs following an assault and the effectiveness of support services --- are also relevant for men. Some countries have progressed in their response to male sexual assault, providing special telephone hotlines, counseling, support groups and other services for male victims. In many places, though, such services are either not available or else are very limited --- for instance, focusing primarily on women, with few, if any, counselors on hand who are experienced in discussing problems with male victims. In most countries, there is much to be done before the issue of sexual violence against men and boys can be properly acknowledged and discussed, free of denial or shame. Such a necessary development, though, will enable more comprehensive prevention measures and better support for the victims to be implemented”.
Inspite of such overwhelming credible government data highlighting the serious issue of male rapes, India chooses to complete ignores the rapes of males, transgender sand same sex sexual assaults which if documented and reported under a law will be far more than US numbers. Progressive recommendations to the government to make sexual assault a gender neutral crime has met spirited opposition from aggressive women’s groups who want to deny this basic protection from sexual assault to males, thus making the democratic law making process a farce.
Judicial Reforms and Pendency
One of the major reasons for the huge public outcry on the Delhi rape case is that our courts take years to deliver any judgment. It is well known saying that ‘justice delayed is justice denied’
The Hon’ble Supreme Court while observing that the ‘Criminal Justice System has Collapsed’, stated that the “The courts of magistrate and munsif have ceased to be an option for the common man, .. only those people go there who have no other option" after comparing the lower courts to ill-equipped and ill-staffed public health centres (PHCs) in rural areas.[4]
Even if the punishment for gang rape, is today made ‘death penalty’, it would still take years for the courts to deliver judgment, by the time of which the victim would be dead as per our Honorable Supreme Court.[5]
The national mission for delivery of justice and legal reform, with a blueprint for judicial reforms - “Towards Timely Delivery of Justice to All” and to "reinforces the confidence of people in the rule of law" had fixed a target to eliminate all arrears from the Indian Judicial System by December 31, 2012. Sadly as we write this memo, the situation is becoming worse day by day, as crores of cases are pending across various courts, with various reports stating that it would take more than 300 years, to clear the present arrears, under the present system.
For example, the murder case of L N Mishra, former chief minister of Bihar and right-hand man of Indira Gandhi, is dragging on 37 years after his killing in 1975. The 27-year-old man accused of murder is now an ailing 64. Of the 39 witnesses he cited to prove his innocence, 31 have died, gravely prejudicing the case against him. No less than 22 different judges have handled the trial over the years. The case is being tried on a day-by-day basis, the fastest possible. If this happens in a VIP's case, what hopes of criminal justice do lesser mortals have?
There is an urgent need to recruit judges, and implement the various Judicial Reforms, the reports of which are gathering dust, so that a gang rape victim, can at least see that the alleged perpetrators are punished, even if for 3 years, at least in her lifetime. There is no fun in increasing the punishment of gang rape to ‘death penalty’, when we all know, what happens, even when VIP cases, which are tried on a day to day basis, the fastest possible, under the present judicial system.[6]
E-Courts
E-Courts mean paperless Courts, which can also help a rape victim to her alleged perpetrators be punished in her lifetime. This system is being followed by courts at various levels in the United States.
To effectively achieve this objective, the following steps as carried out in the west, can also be easily carried out in India, which would also to bring down the huge pendency of cases.
· Papers, pleadings etc. are filed on-line.
· The scrutiny takes place on-line by the Registry.
· Any defects are pointed out on-line.
· The petitioner can rectify the defects on-line.
· The date of first hearing is communicated on-line.
· The papers are placed before the Court and the Judges have computers screens/laptops.
· Computer monitors are available to lawyers.
· When an order is dictated by the Court, the order will be typed on a screen. The order will be read by the Court Officer/Stenographer/ Court Master who would then release the order of the Court under digital signatures.
Recommendations
“Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act shall, on conviction, be punished with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than twenty-five thousand rupees but which may extend to two lakh rupees.”
INSAAF in its years of collective experience of research has witnessed on many occasions a very disturbing trend in India where knee jerk draconian solutions are forcefully demanded especially in gender issues at the behest of a handful of aggressive women’s rights groups, which normally cause unspeakable pain and suffering to the accused while leaving the main problem completely unsolved. INSAAF feels it is necessary to once again remind the committee that while rape is a crime like no other a false accusation of rape is also no less than imposing a death sentence on a person for life. INSAAF hopes that the recommendations that come out from this eminent committee are gender neutral (applicable to both genders), balanced, unbiased, and most importantlydo not prejudice any rights available under the Protection of Human Rights Act, 1993.
Thanking You,
Your’s truly,
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Sub: My suggestions/recommendations on the amendment of laws dealing with Rape / Sexual Assault
The recent gang-rape at Delhi has somehow made the whole atmosphere emotionally charged. There are demands from different sections of the society and the protesters to hand out “fast” and “harsh” punishment to all the accused, some even demanding capital punishment. There are also demands to amend current laws to make capital punishment as a “de-facto” penalty in cases of Rape.
A) In gender related issues, the law making in India remains to be only women-centric. The data related to gender crimes are captured, interpreted and presented to “gullible” Indian citizens in such a way that it only feeds thought like - “All MEN are criminals and All WOMEN are victims” and that “Only WOMEN are/can be victims”.
B) The judicial infrastructure falls awfully short in ratio to the present population of India. This has resulted in the present situation of huge pendency of cases in all the courts. Even in the cases which get resolved after a long legal battle, the real victim gets the sense of justice denied for him.
Why Sexual assaults on men are underrepresented?
The WHO report on sexual violence [1] states the below
“Most experts believe that official statistics vastly under-represent the number of male rape victims. The evidence available suggests that males may be even less likely than female victims to report an assault to the authorities. There are a variety of reasons why male rape is underreported, including shame, guilt and fear of not being believed or of being denounced for what has occurred. Myths and strong prejudices surrounding male sexuality also prevent men from coming forward.”
Sexual assault against males by the Indian Police is far more brutal than sexual assault against females
Are only females entitled to have modesty in India and not men? Is a man any less of a human being in the eyes of the government than a woman when it comes to safeguarding his modesty? If the answer is ‘No’ then A Police officer violating the modesty of man in any way must be held equally guilty of Sexual Assault. Some recent studies expose the fact that the relative brutality of sexual assault on a man by the police is often much more than sexual assault of a woman. Frequently sexual assault on men go far beyond just outraging the modesty and are in many cases severe and life threatening and hence the punishment for the crime of sexual assault by a police officer or a government servant against any man must be commensurately much more.
1) Study: - Torture in India 2010 - Asian Center for Human Rights
The Asian Center for Human Rights in its report tiled “Torture in India 2010”[2], discloses that with the 2000-2001 as the base year, custodial deaths have increased by 41.66% persons under the UPA government between 2004-2005 and 2007-2008 in India. This includes 70.72% increase of deaths in prison custody and 12.60% increase of deaths in police custody. Rampant and deadly sexual assault cases against males in particular have been documented in this shocking study. Few are highlighted below.
a) Page 20 “The victims told the court that they were tortured for four days. The police used candles on their genitals forcing them to confess to the crime which they insisted they did not commit. The court instructed the police to take the victims to hospital for treatment. The doctors found burn injuries on the genitals and legs of both victims.”
b) Page 21 “In June 2009, Jitumoni Bora, the officer-in-charge of Nitaipukhuri police outpost in Sivasagar district of Assam allegedly stripped naked two Class X students and rubbed “Bhut Jolokia” (also called Naga Jolokia), the world’s hottest chilli, on their bodies.”
c) Page 80 “Mr. S. inquired as to the reason for his detention, but he was hit by BSF personnel with wooden sticks, which made him fall to the ground. At that time, other personnel started beating him with their boots,resulting in black spots all over his body and bleeding from his penis.”
2) Study: - “POLICE TORTURE IN PUNJAB, INDIA: An Extended Survey
While in custody male prisoners are routinely subjected to brutal and life threatening sexual assaults for various reasons such as signing forced confessions. Although very little information is actually gathered by the government on these sexual assault techniques for obvious reasons , there are a few very reliable reports like “POLICE TORTURE IN PUNJAB, INDIA: An Extended Survey” by Ami Laws and Vincent Iacopino[3] which list the some of the brutal and life threatening sexual assault techniques used by the Indian police .
a) Disrobing the male prisoners causing them deliberate embarrassment
b) Kicking the male prisoners in their groin and thighs by officers wearing heavy boots
c) Electric shocks administered to male genitals
d) Motor Oil being pushed up a Male’s anus
e) Chilli Peppers pushed up the Male’s anus
f) Inserting foreign objects like Batons and other instruments in private parts
g) Raping Male prisoners with relatives having to watch
A report from Physicians for Human Rights (PHR) Denmark indicated that, as recently as 2000, Punjab police were still using the same sexual assault techniques on detainees.
RAPE/Sexual Assault laws should be gender neutral
The present rape laws in India recognize only man-on-woman rape cases. Whereas, all over the world the rape have been changed or are changing to include all kinds, man-on-man, woman-on -man and woman-on-woman rape cases. As correctly opined in the article - (‘Focus on means to prevent similar incidents in future’ - Justice JS Verma, Hindustan Times, New Delhi, December 20, 2012 : http://www.hindustantimes.com/News-Feed/ColumnsOthers/Focus-on- means-to-prevent-similar-incidents-in-future/Article1-976811.aspx)
``Modernity requires the women to constitute a large working force
increasingly more women are occupying the roads, malls and work-places etc., the occurrences of woman-on-woman and woman-on-man gender crimes have increased and will continue to do so in future. To not recognize Rape/sexual assault as a gender-neutral crime is to play with and to oppress the rights of such victim men and women.
False propaganda is being propagated by feminists that police does not register complaints by women - the reality is - police is so brazen that it does not want to register any complaint without favor/influence - police does not single out the "women". Anyone who visited a police station can tell that police have indifferent attitude against all victims and most of the times work to shield the criminals. Even in the recent Ponty Chhaddha shoot-out case, the police personnel who reached the spot first tried to destroy evidence.
False cases of Rape/Sexual harassment :
There have been a slew of false sexual harassment complaints filed in the recent past. Some of those noteworthy instances are:
(a) AI Air Hostess Komal Singh case : “NCW rules out sexual harassment of AI air-hostess” - http://www.zeenews.com/news579693.html
(b) Lt. Gen. A.K.Nanda case : “Col, wife cooked up sex charge against general” - http://timesofindia.indiatimes.com/iplarticleshow/6515807.cms
(c) Weightlifting coach falsely alleged with sexual harassment by Karnam Malleshwari : “Weightlifting coach absolved of charges”
(d) False sexual harassment allegations against Mr. M.K.Kaushik, former Indian Women’s Hockey coach
Some noteworthy instances of false rape are :
(e) Fake rape victims a danger to society: Court - http://articles.timesofindia.indiatimes.com/2012-07-17/india/32713694_1_district-court-delhi-court-real-victims
(f) Take action against girl for filing false rape case: HC to cops -
(g) Woman, Mother Marked for Lodging 'False' Rape Cases -
(h) Lady who cooks up rape TNN, Feb 18, 2012 -
(i) Medical report rules out rape of two Russians: Hindustan Times, Panipat, June 26, 2012
There are 2 things consistent in all the above cases
1) All the of these were false and motivated allegations by complainants to fulfill their self interest
2) No action was taken against the complainants making these false allegations, which in turn has emboldened many others to file false complaints
Fines/penalties are imposed on such complainants only in the cases where false cases are filed against influential person e.g.: SC dismisses petition against Rahul Gandhi in rape case
Such false cases are a menace as on one hand the accused are harassed to no end. On the other, such cases increase pendency in courts and delay in justice delivery to others. So, false cases of sexual assault need to be dealt with strongly. To create a strong deterrent, the punishment to complainant for false case should be equivalent to the punishment had the case been genuine.
Suggestions and recommendations:
I humbly submit that the Criminal Law Amendment Bill, 2012 pending in Parliament would be a good starting point to amend the existing laws on rape/sexual assault to make them gender neutral.
However, this bill does not deal with false cases. Also, the bill seeks to remove the past history of the complainant. It is humbly submitted, that past record and present circumstances of complainant in rape cases are central to help establish false cases like [5]. Otherwise, there is a great risk of miscarriage of justice e.g. in [5] and [6].
1) Amendment to law should have rational basis and not emotional - the current situation has been turned completely emotional by media, feminists and, gullible Indians who don't know the harsh "reality" of women-centric laws
2) Rape/sexual assault laws should be made gender-neutral so that boys and men facing sexual assault/ harassment/ rape do also get a listening. Also, women-on-women rape/sexual offence should be covered.
3) Police should accept the complaint of rape/sexual offence on any gender and convert it to FIR only after preliminary investigation and not mechanically.
4) VVIP security should be considerably cut down to help increase availability of police for patrolling. This should help in overall reduction in crime rates.
5) "Harsh" punishment as being "emotionally" asked by many sections of the society should be graded based on severity of the crime, circumstances, past history of accused and victim, condition of victim after the crime etc. Harsh punishment should not be de-facto just on basis of complaint as being "emotionally" asked by some sections of society.
6) As per police records, 70-80% of Rape cases are false. Such false cases clog the courts and deny access to fast justice for genuine victims. So, it is need of the hour to amend laws to hand out Harsh penalty to the complainants filing false cases.
7) A huge number of consensual sex cases are also getting turned into Rape. This is also happening partly because courts have interpreted that consent based on false promise is rape. Such definition is being exploited at present by women for ulterior motives. It is humbly submitted that this definition needs to be changed and at best, other milder sections of IPC should be attracted as actually these are cases of sex between two consenting adults.
8) Police and Judicial reforms and access to fast track courts is the need of hour not only for Rape/sexual assault crimes but for all the crimes. The anti-social elements of society including thugs, gangsters, politicians, corrupt bureaucrats etc, get emboldened because of slow pace of adjudication and roam free in society.
References
[1] WHO Report – WORLD REPORT ON VIOLENCE AND HEALTH Report, Chapter 6, Sexual Violence – Page 154 , Box 6.1
[2] Asian Center for Human Rights report titled “Torture in India 2010”, ISBN : 978-81-88987-24-5
[3] “POLICE TORTURE IN PUNJAB, INDIA: An Extended Survey” by Ami Laws and Vincent Iacopino, Health and Human Rights Journal, Vol 6 No .1
[4] “Rape on Second thought” – Article in the Pune Mirror on 28-April-2010, http://www.punemirror.in/index.aspx?page=article§id=62&contentid=201004282010042800020376672f460c5§xslt=
[5] Lady who cooks up rape TNN, Feb 18, 2012 -
[6] Woman to pay Rs 50 lakh for accusing actor of rape, TNN, Dec 11, 2012
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To
Hon’ble Justice Verma ji,
Former Chief Justice of India,
Sub: - Suggestions on “Aggravated Sexual Assault” and request for deposition in front of the Committee
Dear Sir,
Save Family Foundation (Regd) comprises of families fighting against all laws that aggravate marital disputes; promote abuse of the elderly; violate basic human rights of men, women and children; precipitate family break-ups, facilitate the acquittal of the misuser of the law and promote a fatherless society. Our goal is to ensure that human rights are upheld irrespective of gender and that law and policies are based on the principle of true gender equality. We have been invited numerous times by various Parliamentary Standing Committees and actively participate in various democratic law making procedures.
Through this memorandum we present our opinions to the Honourable Committee on “Aggravated Sexual Assault”. We humbly request the committee to allow us to depose and tender oral evidence before the Committee, backed with facts and figures in support of our statements and observations.
The origin of “Criminal Law (Amendment) Bill, 2010”
The Law Commission in its 172nd Report on “Review of Rape Laws” has recommended changes for widening scope of the offence in section 375 IPC and to make it gender neutral. Various other changes have been recommended in sections 376 and 376A to 376D IPC and insertion of a new section 376E dealing with unlawful sexual contact, deletion of section 377 IPC and enhancement of punishment in section 509 of IPC. They have also recommended changes in the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872.
The Legislative Department prepared a draft Bill taking into consideration recommendations of the Law Commission and a Private Bill forwarded by NCW. The Bill was to be finalized through the inter-ministerial consultation with that Department.
Reference : http://www.mha.nic.in/pdfs/AR(E)0910.pdf
The present “Criminal Law (Amendment) Bill, 2010”
The National Commission for Women recommended for some changes relating to ‘rape’ in its Annual Report 2004-05. The recommendations of NCW were forwarded to the State Governments for theirs views/comments, and in the process, it ignored the Law Commission Recommendations of making the Rape Law gender neutral.
For illustration purposes let us take an example of the recommended changes in IPC 375
IPC 375 recommended by Law Commission
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375. Sexual Assault: Sexual assault means –
i) any part of the body of another person or ii) an object manipulated by another person except where such penetration is carried out for proper hygienic or medical purposes;
(b) manipulating any part of the body of another person so as to cause penetration of the vagina (which term shall include the labia majora), the anus or the urethra of the offender by any part of the other person's body;
(c) introducing any part of the penis of a person into the mouth of another person;
(d) engaging in cunnilingus or fellatio; or
(e) continuing sexual assault as defined in clauses (a) to (d) above in circumstances falling under any of the six following descriptions:
First- Against the other person's will.
Secondly- Without the other person's consent.
Thirdly- With the other person's consent when such consent has been obtained by putting such other person or any person in whom such other person is interested, infear of death or hurt.
Fourthly- Where the other person is a female, with her consent, when the man knows that he is not the husband of such other person and that her consent is given because she believes that the offender is another man to whom she is or believes herself to be lawfully married.
Fifthly- With the consent of the other person, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by the offender personally or through another of any stupefying or unwholesome substance, the other person is unable to understand the nature and consequences of that to which such other person gives consent.
Sixthly- With or without the other person's consent, when such other person is under sixteen years of age.
Save Family Foundation is currently shocked to find that the recommendation of Law Commission and of our Hon’ble Law Minister to make the Law gender neutral, was totally ignored.
IPC 375 currently put up for comments in MHA website
(a) penetrates the vagina, the anus or urethra or mouth of any woman with
Firstly.-Against her will.
Secondly.- Without her consent
Thirdly.- With her consent when such consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.
Fourthly.- With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes to be lawfully married.
Fifthly.-With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that action to which she gives consent.
Sixthly.-With or without her consent, when she is under eighteen years of age
We strongly condemn such attitude and demand that Save Family Foundation should be invited for all future committees formed to frame laws related to gender issues. We also demand that biased gender biased organization should not be allowed in the future, to take part in any law pertaining to family welfare. In an RTI reply, Women and Child Development Ministry has also replied that they do NOT have the mandate to protect men. So the responsibility of framing a law should NOT be handed over to any organization which does NOT even have the mandate to protect 50% of the population, mainly men and their families. Save Family Foundation, therefore demands that all future laws pertaining to Family Welfare should be framed by ONLY by the Law Commission and Ministry of Family and Health Welfare who has the mandate to protect 100% of the population, taking NGOs like Save Family Foundation into confidence.
Make Rape Law Gender Neutral
Various Countries, including Britain as already made Sexual Assault law Gender Neutral :- In its interim response to the Stern response to the Stern Review the UK Home office responded that the “Sexual Offences Act (2003) defined consent as “agreement by choice and having the freedom and capacity to make that choice”, modernizing it. It also ended discrimination by ensuring sexual offences apply equally to males and females of any sexual orientation.[3]” The UK thereby has already made sexual assault a Gender Neutral offence after taking cognizance of the fact that men too can be equally victimized.
The following amendments must be incorporated in the Criminal Law Amendment bill
This bill in its current form specially the amendments in the India Evidence Act 1972, violates the presumption of innocence and the principles of fair trial guaranteed under Articles 20 and 21 of the Constitution of India, in addition to defying the Universal Declaration of Human Rights. All Sexual assault law sections must be made gender neutral so that they offer protection to victims irrespective of age and sex. Also specific language must be inserted to define and describe sexual assault in young male children which has been totally ignored in this bill.
SFF demands the Bill to be in the form where
<!--[if !supportLists]-->· <!--[endif]-->All references to “Man” or “Woman” must be replaced with the word “Person” or “Whosoever”
<!--[if !supportLists]-->· <!--[endif]-->All references to “His” or “Her” to be must be replaced with the word “His or Her”
<!--[if !supportLists]-->· <!--[endif]-->All references to “He” or “She” must be replaced with the word “He or She”
<!--[if !supportLists]-->· <!--[endif]-->All references to the word ‘Husband” or “Wife” must be replaced with the word “Spouse”
Relationship cheating, NOT to be included in the Sexual Assault
The lower courts of India
Over two third of the rape cases registered currently are those of consensual sex. Hard Data shows that over two third of all rape cases in India
An internal report by the police in Pune Police department states that 74% rape cases lodged since 2008 were actually consensual sex based on marriage promises that were broken later.
Experiences shows that certain organizations are fudging statistics by including relationship cheating also within the ambit of Rape Law in order to get 2,00,000/- as promised by the Government. In India, it is common for girls to allege rape after having consensual sex. In many cases, the girls withdraw their allegations after a monetary settlement or marriage with the man against whom they complained.
SFF recommend that consensual sex, with or without the promise of marriage will not constitute Sexual Assault
Include a Misuse Clause, so that genuine cases like ‘Nirbhaya’ gets justice
There have been a slew of false rape complaints filed in the recent past. Only two of them are mentioned here or otherwise, it would fill the entire memo
The problem with entertaining false rape cases is that is puts an enormous pressure on the overloaded and poorly equipped investigating machinery and most importantly moves scarce resources away from the genuine cases, which needs attention. Such misuse of gender allegations has also been observed in 498a and DV act the misuse of which was referred to as “Legal Terrorism” by the Hon Supreme Court
As we all know that majority of the current rape cases are false, the present Act should have a strong Misuse Clause which would act as a strong deterrent to arrest its present massive misuse. This would also lead to less number of false cases clogging our magisterial dockets and reducing case pendency and give relief to the genuine victim.
The misuse clause, as decided by the Government in its Lokpal Bill, may also be used in this Act, as under :
“Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act shall, on conviction, be punished with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than twenty-five thousand rupees but which may extend to two lakh rupees”
Introduce the much needed Police Reforms to increase convictions
Three consecutive police reform reports are gathering dust because of a lack of interest amongst the political class to transform the police into a people friendly organization. Confessions in rape cases if any are extracted through coercive techniques which do not stand the test of trail in a court of law. Bribes are rampant and are used both way, to file false rape cases, plant or remove evidences and do poor and fault investigation in genuine cases to get acquittals.
VVIP security should be considerably cut down to help increase availability of police for patrolling. This should help in overall reduction in crime rates.
Introduce the much needed Judicial Reforms to decrease crores of pendency
All the present and existing laws can already take care of gang rape cases like that of ‘Nirbhaya’. So we truly do NOT need any special law.
One of the major reasons for the huge public outcry on the Delhi rape case is that our courts take years to deliver any judgment. It is well known saying that ‘justice delayed is justice denied’
The Hon’ble Supreme Court while observing that the ‘Criminal Justice System has Collapsed’, stated that the “The courts of magistrate and munsif have ceased to be an option for the common man”. It also observed that “only those people go there who have no other option" after comparing the lower courts to ill-equipped and ill-staffed public health centres (PHCs) in rural areas.
Even if the punishment for gang rape, is today made ‘death penalty’, it would still take years for the courts to deliver judgment, by the time of which, the victim would be dead as per our own Hon’ble Supreme Court.
The national mission for delivery of justice and legal reform, with a blueprint for judicial reforms - “Towards Timely Delivery of Justice to All” and to "reinforces the confidence of people in the rule of law" had fixed a target to eliminate all arrears from the Indian Judicial System by December 31, 2012. Sadly the situation is becoming worse day by day, as crores of cases are pending across various courts, with various reports stating that it would take more than 200 years, to clear the present arrears, under the present judicial system.
Let us take the example of Sukhram or say the murder case of L N Mishra, former chief minister of Bihar and right-hand man of Indira Gandhi, which is dragging on 37 years after his killing in 1975. The 27-year-old man accused of murder is now an ailing 64. Of the 39 witnesses he cited to prove his innocence, 31 have died, gravely prejudicing the case against him. No less than 22 different judges have handled the trial over the years. The case is being tried on a day-by-day basis, the fastest possible. If this happens in a VIP's case, what hopes of criminal justice do lesser mortals like ‘Nirbhaya’ have?
There is an urgent need to recruit judges, and implement the various Judicial Reforms, the reports of which are gathering dust, so that a gang rape victim, can at least see that the alleged perpetrators are punished, even if for 3 years, at least in her lifetime. There is no fun in increasing the punishment of gang rape to ‘death penalty’, when we all know, what happens, even when VIP cases, which are tried on a day to day basis, the fastest possible, under the present judicial system.
Summary of Recommendations:
<!--[if !supportLists]-->1) <!--[endif]-->Make Rape Law Gender Neutral as in other countries of the globe
<!--[if !supportLists]-->2) <!--[endif]-->Relationship cheating cases should not be allowed to be converted into rape cases which suck the scare resources from genuine rape cases.
<!--[if !supportLists]-->3) <!--[endif]-->False complaints of Rape cases, should be punished severely, so that genuine cases like ‘Nirbhaya’, gets justice.
<!--[if !supportLists]-->4) <!--[endif]-->Introduce the much required police reforms to increase conviction rates of rape cases
<!--[if !supportLists]-->5) <!--[endif]-->Introduce the much required judicial reforms for speedier justice and to increase conviction rates of rape cases.
We would be more than happy to provide any other facts and data, when asked for.
Regards, Date:
Place:
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Hon’ble Justice J. S. Verma,
I have learned that your majesty is heading a panel for looking into the revision of existing rape law. The current public anger has indeed highlighted the fact that the public tolerance for crime is running all time low. There has been some violent and unlawful protest and we have heard unrealistic and harsh voices that are favoring barbaric punishment for rape. Amidst all these protest, the government has taken a sensible step of looking into the law with suggestion from common people in this country.
I would like to put forward my views on it for your considerations. It is true that rape is a heinous crime and strictest possible punishment should be given to the guilty. But, It is important to note the word “guilty”. I respect the judiciary principle that every person is innocent unless proven guilty beyond all doubts. Let’s not get emotional and create a law that makes a person guilty unless proven innocent.
I am sure that you are well aware of the statistics of conviction in rape cases. Still, I would like to mention a few of the cases:-
(a) AI Air Hostess Komal Singh case : “NCW rules out sexual harassment of AI air-hostess” - http://www.zeenews.com/
(b) Lt. Gen. A.K.Nanda case : “Col, wife cooked up sex charge against general” - http://timesofindia.
(c) Weightlifting coach falsely alleged with sexual harassment by Karnam Malleshwari : “Weightlifting coach absolved of charges”
(d) False sexual harassment allegations against Mr. M.K.Kaushik, former Indian Women’s Hockey coach
(e) Fake rape victims a danger to society: Court - http://articles.timesofindia.
(f) Take action against girl for filing false rape case: HC to cops -
(g) Woman, Mother Marked for Lodging 'False' Rape Cases -
(h) Lady who cooks up rape TNN, Feb 18, 2012 -
(i) Medical report rules out rape of two Russians: Hindustan Times, Panipat, June 26, 2012
You can only imagine the plight of the people who were falsely accused in these false cases. Most of these innocent people have been dragged to courts for several years and lost their most productive years, social respect, jobs and lots of money. Is this less heinous by any standards?
Now imagine an even more biased and strict law that hardly requires no investigation for FIR, the trial hardly needs any proof on part of the victim and it also has a clause for the rarest of rare rapes! How easy does it become for a maid in your house to set you up with just 4 lines of complaint? She gets 2 lacs cash immediately from the government and loads of money from the accused as extortion for withdrawing the case. The complaint has to gain everything and the accused has to lose everything.
It is also noteworthy to mention IPC 498A as an example. After similar hue and cry about cruelty on wives, IPC 498A came into existence. Thousands of man and women have been falsely charged under this law. Later SC itself admitted that it’s a poorly drafted law and even went to the extent of calling it “legal terrorism”. Even after that the law has still not been amended!
Let’s not make another bad and biased law which results in suffering of thousands more and is difficult to change later!
In view of the above, I would like to propose following amendment in the spirit of justice:-
1) Let’s work out a proper definition of rape. A live in partner accusing another for rape after years of relationships is absurd.
2) Rape/sexual assault laws should be made gender-neutral so that boys and men facing sexual assault/ harassment/ rape do also get a listening. Also, women-on-women rape/sexual offence should be covered.
3) Police should accept the complaint of rape/sexual offence on any gender and convert it to FIR only after preliminary investigation and not mechanically.
4) VVIP security should be considerably cut down to help increase availability of police for patrolling. This should help in overall reduction in crime rates.
5) There should be fast track courts to look into these cases.
6) There MUST be a clause for an equally severe punishment to the complainant if the complaint is found to be false.
Yours Sincerely,
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RECOMMENDATION TO JUSTICE J. S. VERMA ON AMMENDMENT ON RAPE CASE
1. Formation of MINISTRY OF MEN WELFARE AND DEVELOPMENT.
2. Formation of MEN COMMISSION to adhere to the men related problems.
3. Concentual Sex not to be termed as Rape.
4. Abolishing Marital Rape. This stand no chance in a physical and mental relationship called MARRIAGE is based on the institution of sex (intersourse).
5. Rape by a single male to be treated differently because he may get aroused in a circumstance and may take an action out of his/her emotional and sensual instability.
6. A Gang Rape where a woman gets raped without her consent bust be treated harshly and strict punishment should be reported.
7. CASTRATION, HANGING TILL DEATH AND LIFE IMPRISINMENT ARE VERY HARSH LAWS FOR RAPE AND UNEXCEPTABLE TO THE DEMOCRATIC SET-UP OF A GOVERNMENT especially India which is the LARGEST DEMOCRACY OF THE WORLD.
8. Both Male and Female Officer must JOINTLY investigate a Rape Case WHERE BOTH GENDERS ARE INVOLVED for a free and fair trial.
9. Both Male and Female Doctor JOINTLY must carry on all MEDICALS AND FORENSIC TESTS involved for a free and fair trial.
10. THE IDENTITY OF BOTH THE ACCUSED AND THE COMPLAINANT MUST BE KEPT SECRET TILL THE DESPOSAL OF THE CASE FOR PRIVACY PURPOSE.
11. Orietation and councelling of both accused and the complainant on humanitarian grounds.
12. If the Rape Case is registered just by the word of the complainant then THE LAW WOULD BECOME A CHILD’S PLAY. There has to be PROOF, CIRCUMSTANSIAL EVIDENCE, WITNESS, MEDICAL AND FORENSIC CLAIMS. How can one get justice if these essensial components are not there while filing a suit. False cases would become very common for EXTORTION, BLACKMAILING AND AVAILING OF GOVT. BENEFITS PROPOSED TO BE GIVEN TO THE COMPLAINANT. A FALSE CASE MAY RUIN THE ACCUSED LIFE (The Films Andha Kanoon/Dil – Where the leading stars were tried for false murder and rape cases and their whole life and reputation was ruined).
13. GENDER NEUTRAL MARRIAGE AGE MUST FOR GENDER NEUTRAL SEX LAWS ie. Both Male and Female Marriage Age must be same ie. 18 years.
14. Present Legal Age of 16 for having sex is alright and there seems to be no need to increase this age to 18 years. THIS MEAN DEPRIVING BOTH SEXES WITH THE FUNDAMENTAL RIGHT OF RIGHT TO LIFE because both sexes have attainted their age of puberty and are fit to have a healthy sex.
15. MAKE A GENDER NEUTRAL RAPE LAWS.
16. AMMEND THE FIDILITY LAW. Both partners need to be loyal to each other by law. If one (like the female in the present law) gets a waiver then this law seems to be missused and thus becomes discriminatory and biased.
17. Try to make the Marital Life of a Man more easy and enjoyable so that he may be a happily married man and does not involve himself in extra-marital relationship and thus be happy in the family. THE SOCIETY SEEMS TO BE ANTI-MAN AT PRESENT.
18. THERE SHOULD BE A CENSORSHIP OF MEDIA ON RAPE CASES LIKE THE CASE OF DAMINI THE MEDIA BLEW THE CASE OUT OF PROPORTION. This is a very sensitive issue and the media just instigated the public by NEGETIVE MEDIA COVERAGE. So many police personnels were injured and Constable Subhash Chand Tomar was killed too due to unruly protestors who also damaged the public and private property too.
19. Debaring the ACCUSED/CONVICTED from holding an MLA/MP/COUNCELLOR post is against ANY DEMOCRACY(WHERE INDIA BEING THE LARGEST). ONE MUST ALWAYS GET A CHANCE TO REFORM AND SO THESE INDIVIDUALS TOO.
20. People who beat/kill the rape accused/convicted must be severely punished by law for taking law in their own hands.
21. If false case under any women law is filed AND IS PROVED TO BE FAKE/FALSE then the COMPLAINANT MUST BE CONVICTED WITH THE SAME PUNISHMENT WHICH WOULD HAVE BEEN AWARDED TO THE ACCUSED IF HE/SHE WOULD HAVE BEEN FOUND GUILTY. The whole life and reputation of the accused gets ruined when he/she is accused of these cases.
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