Below are some cases reported in the Times of India, DNA and other Indian newspapers:
- A professional man had a 8-year relationship with a female colleague and then broke it off without marrying her. The woman then accused the man of raping her for 8 years. The courts accepted this argument and admitted the case on grounds of rape.
- A man in his 20s wanted to break up with his girlfriend as he suspected she was having an affair. The woman denied it and filed a case of rape against him. He went into hiding.
- A 39-year old Doctor was having an affair with a colleague. He ended the relationship when she became pregnant. The woman went to the police and the doctor was charged with rape.
- Last week, police in a Mumbai suburb arrested a man on charge of rape after he refused to marry his pregnant girlfriend.
Apparently, a woman in India can claim after the fact that her consent to a sexual relationship was based on her assumption that the man would marry her. So when that promise, explicit or assumed, is not kept, the consent can be legally nullified and the man can be retroactively accused of rape, not just one act of rape but continuous acts of rape over the entire duration of the relationship. Read what the Times of India wrote in May 2012:
- “Recently, the Madurai bench of the Madras High Court had ruled that if consent is given by a person under fear of injury, or under a misconception of fact, it cannot be so. Giving consent on the false promise of marriage amounted to misconception, the Court said.”
A “misconception” is enough to nullify consent and covert consensual sex into rape? In a world where men are from Mars and women from Venus, almost every word, every syllable is capable of being “misconceived”. And this is the legal standard for rape, retroactive rape?
Read what a noted psychiatrist was quoted to have said about the last case above:
- “Having sex in a romantic affair is a joint responsibility. One needs to
know that it is an act of love and has to be done in socially accepted
steps.”
Joint responsibility when only the man can be charged for rape? This nutty statement was in Mumbai, a city where premarital sex and promiscuity are reportedly off the charts.
India has been notorious for sanctimonious moral lectures since its Independence. But this is not just sanctimony. This is legalized and institutionalized. This stuff has gotten so out of control that the Times of India wrote an article titled “NO COUNTRY FOR EX-LOVERS“. This article contained warnings from Lawyers about the repercussions of this definition of rape:
- “Lawyers and activists say it is wrong to accuse men of rape when the sexual act is consensual. They are afraid it may have an adverse impact on the way other rape cases are treated.”
This is already happening in society if not in courts. We remember a Mumbai where a rape charge meant instant social ex-communication because a woman’s word was deemed credible. Today, the first question people ask when they hear of a rape charge, “how much [money] will she get?”
Recently we heard of a conversation between a female manager and a director of a first-tier hospital. As the director was criticizing the performance of the female manager, she publicly warned him in front of other staff that she would file a complaint of rape against him if he kept criticizing her work. The director shut up because a rape charge from a woman, even without any physical relationship & without even an iota of truth or evidence, leads to automatic arrest by the police. Guess what that does to a man’s professional career?
Now do you understand why middle class India is becoming incurred to rape charges, at least when no physical violence is involved? These insane Indian laws are actually creating a backlash against women and hurting the women victims who file genuine rape charges.
The gruesome attack on the 23-year old Delhi woman was very very different. The Indian people reacted to the brutal beating and resulting murder than just to the rape charge. Recently released details demonstrate that the six accused were like a wolf-pack of savage hunters roaming the streets of Delhi in search of a victim. That is why we term it as rape-murder and welcome the murder charge put on the suspects.
The Indian Government is now contemplating laws that would impose draconian penalties simply based on accusations of rape. Will these new laws also apply to “misconception” rapes or accusations of rape without any evidence of physical violence?
Domestic Violence Against Women
Under the act that governs domestic violence, a wife, we are told, can file a complaint against both the husband and his parents for even verbal, implied verbal or “emotional” violence. The wife does NOT have to provide any proof whatsoever. So any domestic argument can be described by a wife as “verbal” or “emotional” domestic violence.
And when a wife files such a complaint, it is MANDATORY for the Police to ARREST both the husband and his parents. The Police, we are told, are not allowed to either question the charge or investigate. The wife’s claim is enough, the doctrine being, “a wife won’t lie, will she?”
Can you imagine the leverage this provides a wife who is either being divorced or contemplating a divorce herself? We have heard horror stories of about 80-year old parents being arrested because the wife files a claim of verbal or emotional violence? The wives then withdraw the charges when the divorce settlement is to their satisfaction.
Indian Courts have expressed opinion that this law is being misused and have recommended change. But unless the Government chooses to, the Courts have said they will be forced to apply this law.
The laws that govern adultery are even more bizarre.
Adultery
Section 497 of the Indian Penal Code states:
- “Whoever has sexual intercourse with a person who is and whom he knows
or has reason to believe to be the wife of another man, without the
consent or connivance of that man, such sexual intercourse not amounting
the offence of rape, is guilty of the offence of adultery and shall be
punished with imprisonment of either description for a term which may
extend to 5 years, or with fine, or with both. In such case, the wife
shall not be punishable as an abettor.”
If you feel the need to ‘let go’, you should look for alternative methods than stand on someones parade (so to speak). A good method is to watch a porn video. Because why not? Online websites like www.tubev.sex, have lots of content to keep you busy and more importantly out of trouble.
Read this again. In a consensual sexual relationship between a man and a married woman, the woman is completely immune but the man can go to jail for 5 years. The woman in an consensual sexual relationship has NO responsibility or liability whatsoever!
In fact, as a bench of the Indian Supreme Court noted:
- “Indeed, the section provides expressly that the wife cannot be punished
even as an abettor. Thus, the mere fact that the appellant is a woman
makes her completely immune to the charges of adultery and she cannot be
proceeded against for that offence“. (emphasis ours)
The Supreme Court bench criticized this law on two grounds according to a Times of India article:
- “that the provision reduces a married woman to a property of the husband,
and - that punishment is meted out to the man though the woman with whom
he had consensual sex was an equal partner in the alleged crime.”
So let us get this straight:
- A single man in India can be accused of “misconception” rape if he has a consensual sexual relationship with a single woman and refuses to marry her, or
- He can go to jail for up to 5 years if he has a consensual sexual relationship with a married woman.
- And if the adulterous wife’s husband objects to his wife’s relationship with her lover, she can get her husband arrested for emotional domestic violence.
- Alternatively, when her adultery is discovered either by her husband or neighbors, she can complain she was raped by her lover and get him arrested for rape.
If this were not enough of a travesty of rights of men, Indian Government is now contemplating punitive punishments for just being charged for rape, regardless of evidence or validity.
Systematic, Institutionalized & Legalized Violation of Men’s Rights
In our opinion, the discussion above makes a clear case that the Indian legal system violates basic human rights of men. At the very least, it is evident that men are subjected to vicious, systematic & pernicious discrimination in India.
No civilized democracy in the world can justify or tolerate such a system either morally or legally. But then India is not a civilized democracy. Actually, India is not even a democracy. No democracy will establish such laws, laws that govern personal rights of each and every citizen, without detailed disclosure and serious public debate among its entire citizenry.
India can and does because Indian “democracy” is both a mob-rule and a government run by & for the political class. It is a country where almost 2/3rds of the country lacks toilets and is solely interested in daily survival and a country where the political class has unlimited power. It is a mob-rule because minority mobs of activists can create so much public protest that it is easier for the Government to make laws that appease that mob. And the political class is immune from any laws anyway.
Remember the warnings of the Founding Fathers of America? Remember their concern that an elected Government could take away the rights of the American people as easily as a remote King could? The current “democratic” system in India is exactly what they were worried about.
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