Sunday, December 6, 2015

Marital Rape - Are You Seriously Considering It?

Marriage is a socially and legally recognized union of a man and a woman. It is an institution wherein a man and woman are legally permitted to have sex. Marriage is also considered sacred as it enables a stable environment for the growth and development of children. Consent to sex is implicit in a marriage. How does Marital Rape fit in such a legally sanctioned framework?

Sexual violence or abuse is already covered in existing laws (DV Act, IPC 498-A, IPC 376a, IPC 377).  Why then is there a clamor for a Marital Rape law by the Feminists?  Their notion of a Marital Rape law again presumes that the wife is the victim and the husband to be the rapist.

The feminists believe that sex is the key to controlling a man in a marriage. Husband will be permitted to have sex only if he can go according to the whims and fancies of the wife. One can fully guarantee that there wouldn't be a single husband living on this planet who hasn't heard Not now, Honey! 

The husband comes home after a hard day's work. He is exhausted and wouldn't want anything but go to sleep. Wife gets the urge and wants him. He obliges as he doesn't want to disappoint her. What do you think happened in this scenario? Was he raped? If the genders were reversed, you would scream that she was raped.

Actually, what happened is a mood violation. Are most folks confusing mood violation as rape? It appears very much so.

How can Marital Rape law be implemented? It will be on the basis of the wife's word. It is enough to convict the husband as the evidence would clearly suggest that a sexual act did take place. If the wife says rape, then it must be rape.

Misuse has been rampant in other laws (IPC 498-A, DV, Rape) which also go by a woman's word.



Lakhs of people have been charged with IPC 498-A since 1983. Conviction rate hovers in a single digit as noted in the above graph for the past 7 years. Misuse goes unchecked. False case filers go scot-free

A Judge recently observed that provisions of the Domestic Violence Act could be used as a sword/shield to get protection from domestic violence but not used as a sword for causing violence to the other partner in ones life. This act enabled unscrupulous women to get right to residence and throw their husband out of that residence.
The Madras High Court called for a “neutral and non prejudicial” law to protect genuine victims of domestic violence, irrespective of the gender, noting that existing law contains a flaw that lends itself to easy misuse by women. 
“The notable flaw in this law is that it lends itself to such easy misuse that women will find it hard to resist the temptation to teach lesson to their male relatives and will file frivolous and false cases,”
Around 73% of rape cases result in acquittal as per NCRB data. The stringent modifications to the rape law in Dec 2012 has only increased the number of false cases and trivializing the offence of rape. A Delhi court even went on to say that a person accused of rape should be called "Rape case survivor" if acquitted, because of the harmful effect of being falsely accused of rape.
Supreme Court has expressed anxiety over the recent spurt in rape cases that appear to have been filed by plaintiffs in unfulfilled relationships. In fact, the matter forced the apex court to ask if a failed consensual relationship between adults could lead to filing of rape charges against the man. 
The Delhi high court had expressed similar apprehensions last year when it observed that rape cases were increasingly being used as a weapon for vengeance to harass and even force a man to marry. Such a trend not only militates against justice but also represents a clear danger to the legal framework regarding gender crimes.
The feminists want to do away with the exception in IPC 376 so that a husband can be imprisoned for a term no less than 7 years and with a fine. A wife can legally end the marriage by putting the husband behind bars and also enjoy his assets and wealth while he rots away in prison.

One can only project how badly Marital rape will be misused if it becomes a law, going by the existing laws. Marital Rape can not be allowed as a law because it will automatically convict husbands. Marriage has already been criminalized. We should not criminalize the sex in it. Currently, married men are committing suicide at double the rate of married women. No guesses needed to figure that it will increase further if Marital rape becomes a law.



Saturday, December 5, 2015

Jaago Bharat - Don't Blindly Jump on Marital Rape?


Chak De India is one of the memorable Shahrukh movies in which he became the character and was not himself. There is a sequence in the movie, in which he is asked as to why he was scratching his silver medal. He replies that he was trying to turn it into a gold medal!



It is not possible to transmute the metals, how much ever one tries. Similarly, a lie is a lie. It will not become true if the lie is repeated over and over. Feminists have harped on making a law for criminalizing sex in a marriage for at least a decade in India. The impression they have created is that India doesn't have such a law.

It is a big LIE. Sexual violence by a Husband is already covered under existing DV Act, IPC Section 498-A, IPC 376a, IPC 377. Why do the feminists, Women NGOs and the western powers behind them want a new law? It is simply to wreck the Indian family and raise the existing extortion racket to a much higher level.

Law #1: Protection of Women From Domestic Violence Act 2005 (PWDVA)

Definition of Domestic Violence as per PWDVA, 2005 is as follows:
3. Definition of domestic violence.—
For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers .........; or
(c) has the effect of threatening ........ or
(d) otherwise injures or causes harm, whether physical or mental......
Explanation I.—For the purposes of this section,—
(i) “physical abuse” .........;
(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
As per Domestic Violence Act in India:
  • Any sexual conduct is punishable.
  • Protection order stops the Respondent(s) from committing any act of Domestic Violence, including Sexual Abuse.
  • Breach of Protection order means jail term of 1 year
  • Rape is treated as a subset of Sexual Abuse.
  • As the name implies, only women can be victims.
Law #2: IPC Section 498-A (Husband or relatives of Husband subjecting a woman to cruelty)
Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation
For the purpose of this section, “cruelty” means—
(a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years and fine ‑ Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
As per IPC Section 498-A:

  • Harassment can be of any type and includes sexual harassment. 

Law #3, IPC Section 376A
Intercourse by a man with his wife during separation.—Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with im­prisonment of either description for a term which may extend to two years and shall also be liable to fine.
As per IPC Section 376A:
  • Rape of a ‘Wife’ by a Husband is covered under the rape law (IPC Section 376).


Law #3, IPC Section 377 (Unnatural Offences)
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.

Explanation:
Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-Bailable—Triable by Magistrate of the first class—Non-compoundable.
As per IPC Section 377:
  • Any sex ‘against the order of nature’ is punishable.
  • Imprisonment for 10 years and fine.
  • Non-Bailable. Yes, only a court can give Bail.
  • Men can only be perpetrators as it states penetration.
Marriage itself has already been criminalized. Supreme Court has stated IPC Section 498-A as "Legal Terrorism". Justice Malimath had recommended to make the draconian law as compoundable and bailable. Indian Government is yet to act on those recommendations.

PWDVA is a biased law as men too are victims of domestic violence but can't get relief as the law doesn't accept men as victims. Vaguely written laws have wrecked havoc and added to the Judicial pendency.

Rape is a gender neutral offence all over the world but it is not so in India. Earlier law commission reports have suggested to make rape law gender neutral but Justice Verma reversed it under the pressure of Feminists.

A woman can file a rape case if a consensual affair went sour. Those cases amount to a good number in the rape cases where men have been acquitted.

It is a loss to Nation if its Men and Boys, instead of contributing to Nation's GDP, are running around courts fighting false cases. The extortion racket has been enabled by the law makers, cops, lawyers and Judges. 

DV, Rape, Sexual Harassment at Workplace have to be made gender neutral (as the current laws are a violation of Article 14 of our Constitution).

Let wisdom dawn upon the Modi Sarkar who profess to be different from the previous Governments and have the Nation's interests in their mind. There won't be a Shrest Bharat or Make in India, if they don't stem the rot in the Judicial system. They will remain pipe dreams.

Friday, July 17, 2015

Justice - Elusive for Common Man

A democratic system is defined by values like Liberty, Equality and Justice. Justice is elusive for a common man in India. India follows a system left behind by the British whose sole purpose was to rule the vanquished. Lord Macaulay must be feeling very proud that he was able to achieve his mission of obliterating Indian value system. India got Freedom but the subjugation of India is complete. We are yet to gain real freedom.

Legislature, Executive and the Judiciary, the three pillars of a democracy, are in shambles. Our laws are framed badly, inherently biased and lend themselves to be misused. One would expect to get justice at least in the Judiciary. What use is that Justice which gets delayed?


Gopal Shetye is on Hunger Strike in Mumbai, demanding intervention from the Chief Minister's Office, Maharashtra so that he can get compensation after having been acquitted of a crime that he didn't commit. His acquittal came after 7 years and by then he had already served his 7 year sentence. Why does this man need our attention?

He was a Hotel Management graduate, who was working as a Chef in a restaurant in Ghatkopar, Mumbai. He was arrested by the Police who were following up on rape complaint. It was a botched investigation from the beginning. He was picked up as his name (Gopal) was the closest to that of the person (Gopi), they were looking. They also ensured that the illiterate victim would pick Gopal in the identification pick up line. He was convicted for 7 years rigorous imprisonment for a crime he didn't commit.

It took more than 7 years for his appeal in Mumbai High court challenging the order of the lower court to be heard and result in his acquittal. He endured many losses during this time. He contracted Tuberculosis in one of the many jails, he was shifted. His father passed away. His mother returned to their native place as there was no one to support her. His wife put his two young daughters in an orphanage and remarried. He is unable to get a job as a Chef as his Tuberculosis is not yet treated. He is unable to take his daughters out of the orphanage as he himself is on the road.

Who will restore his lost life and dignity? Why did he have to be punished for other's incompetence be that be the police or the Magistrate in the lower court. He had a perfect life of being able to live with his parents, wife and two young daughters. He was a good man first before being a good son, husband and father. All of that was taken away from him.

At a time, when the focus of the Modi Sarkar is on "Beti Bachao Beti Padhao", It is heartbreaking to know that Gopal's wife had no concern for her two daughters and left them in an orphanage. She also remarried without divorcing Gopal. The two young daughters lost the support of their loving and doting father due to a false rape case.

Gopal is one of the many innocent men who have been framed or caught up due to the biased laws (498a, DV, Rape, Sexual Harassment, SC/ST Atrocities Act, POCSO).  It is high time that corrective measures be taken.

False rape cases makes the crime graph shoot up, play havoc with the crime statistics and tend
to trivialize the offence of rape. It is troubling to note that 75% of rape cases are false. The media doesn't highlight the acquittals in rape cases. Failing to do so invariably leads to the impression of India being an unsafe country.

A woman who files a false complaint faces no public backlash as her identity is protected. She also has no financial drain on her resources as a public prosecutor is provided to her. The accused’s life is destroyed as his identity is made public.

Our honorable PM Narendra Modi ji focusses on "Make in India", "Skill India". Capable men who are in their most productive phase are running around courts or rotting in jail instead of being able to contribute to the vision of a "Shrest Bharat", "Swachh Bharat", "Digital India". Can't this be rectified?

Our laws have to be fixed. Laws can not be gender biased when crimes are gender neutral. Police have to be weaned out of the mindset set by the British. Judicial reforms are the need of the hour to reduce the huge backlog. The vacancies have to be filled. Capable judges have to be appointed. That can happen only if we end the current method of appointing judges through the collegium system.

Friday, July 10, 2015

Go Girl - Thrash the Eve-Teaser


I came across this video which has gone viral about a girl in Pilibhit district (Constituency of Ms Maneka Gandhi, Minister of Women and Child Development)who has thrashed an alleged eve-teaser inside a police station.




Is this the women empowerment, Ms Maneka Gandhi has in-mind? One wrong doesn't right another wrong. The girl thrashing the alleged eve-teaser by taking him inside the police station should be condemned. The inaction of the police while she is beating the boy is also deplorable.

All those, who were elated by seeing her thrash the boy, should know that the next time, when it happens to you, you will realize your folly of forgoing your right to a trial. Nowadays, the words of the woman, are sufficient for convicting you. Not all men are criminals and Not all women are angels.

When the laws are not fair, may be the only option is to turn vigilante and take the law into our own hands. Let us punish all those unscrupulous women who have filed false cases (be it rape, dowry, sexual harassment at workplace, domestic violence) since there is no punishment for them as per law.



Wednesday, July 1, 2015

Marry Down, Marry Up or Not to Marry

Parents strive and sacrifice a lot in trying to get their children the best education, starting from Kindergarten, with a hope that their children will either become an Engineer or a Doctor and will have a good life.

A boy growing up in India often keeps hearing - Study Hard, Play Hard, Work Hard - You will have a great life! The first priority always being studies.

Once the boy starts earning and is doing well in his career, the inevitable question comes. When are you going to marry and settle down in life?  The societal pressure won't stop until the boy marries. Most of the Indian movies used to end with a wedding with the implicit assumption of the couple living happily ever after.  Nobody shows the life after marriage. There is a Hindi saying that marriage is like Shaadi ka ladoo jo na khaaye woh pachtaye, jo khaaye woh bhi pachtaaye!

Few even describe a marriage as that of being a Merger and not an Acquisition in management terminology. What happens in reality? The reality is far from it either being a Merger or an Acquisition.

Choosing a right partner for marriage is like playing a Russian Roulette game. It is a game in which a guy puts a single bullet in a revolver and spins the chamber. He puts the gun to his head, pulls the trigger and hopes that the bullet won't fire.


It is surprising that most Indian men are ignorant of the marital laws before they get married. It is contrary to the manner in which most do extensive research before coming to any decision (be it buying a car or a smart phone or an apartment). They don't realize that the system has been rigged to favor the wives.

A man would be called a Mama's Boy if he listens to his mother or henpecked (Jhoru Ka Ghulam) if he listens to his wife. Any action resulting from the husband's mother due to her love for her son will be considered as an interference in her son's marital life. The same doesn't apply to the wife's mother, whose actions are fine even though she may be wrecking her daughter's marital life.

What will the man end up doing as both the terms (Mama's Boy, Jhoru Ka Ghulam) are demeaning?

  • End up becoming Jhoru Ka Ghulam at the cost of his well-being for sustaining or saving the marriage and may also have to distance himself from his parents and siblings.
  • Stand up to the irrational demands of the wife and then face the various false cases (IPC 498a, DV and a bouquet of cases) which can be easily filed by his wife, thanks to the misuse prone, gender biased laws. It will take years for him to get acquittal due to the huge judicial pendency.

The focus on education from childhood so that one can lead a better life shouldn't be discarded for ameliorating the marital blues, encountered during the adult phase. Indian men have no qualms in accepting a woman who is less educated than them or as equal to them or more than them as their partner. Only 25% of women accept men who are less educated than them as per the study conducted by University of Oxford.

The best option for an Indian man is Not to Marry, enabling him to live a life free of the in-house legal trouble (nothing but legal terrorism, state sponsored extortion). Few men can choose to Marry Up and try to lead a blissful marital life. The majority will succumb to the societal pressure and Marry Down and will realize that marriage is a crime for a man in India.  Mera Bharat Mahaan!!!

Thursday, June 25, 2015

In the Name of Equality!


It is fashionable of late for men to show that they are all for women empowerment. They naively believe that feminism is about equality and proudly proclaim that they are feminists. They don't realize that their own rights have been trampled in the name of equality.

The prevailing conditions in the West are not the same as they are in India. Women in the USA got voting rights after 140 years of declaration of Independence, whereas all got voting rights in India at the time of Independence. Woman as a mother is revered in India whereas it is the wife who is held on a pedestal in the west.

USA is yet to get a woman President. India had a woman as its Prime Minister and quite a number of them have been Chief Ministers of the states. A whole spectrum of leaders can be observed from those who rose up the ranks to those who were privileged to be in a prominent Family. The woman Prime Minister was responsible for invoking Emergency and wrecking havoc on the democratic institutions of the nation. One also needn't be surprised to find that few of them are involved in multi-crore scams as crime has no gender.



Over the years, the western set of notions has crept in and is thriving. Joint families were prevalent during our grand parent's time. Nuclear families were prevalent during our parent's time.  In the current times, we can see that a nuclear family is no longer the basic building block of the society. Fathers are treated as expendables and considered only as an ATM in the eventuality of a divorce. India will leap frog and over-take the west in creating a dysfunctional society soon if a course correction is not done.

A rational thinking person will surely question the absurdity of framing gender biased laws for gender neutral crimes. On the contrary, there are 48 laws favoring women and not a single one for men. How can anti-male laws be framed if a patriarchy is thriving? One only wonders what would happen if the women reservation becomes a reality in the Indian Parliament (More anti-male laws).

People have been hopeful of Modi Sarkar to do a course correction but are yet to see any signs of Acche Din.
Equal Pay for equal work - Feminists lament that they are not paid equally as men. The question is whether they are really doing equal work.

  • Do you find them working in hazardous conditions (coal miners, high-rise window cleaners, truck drivers, fire fighters)?
  • Are woman soldiers deployed in combat role (yet they talk of equality)?

Most ironic expectation - Demanding equality and yet expecting chivalrous behavior from men!

Let us work for real equality. Yes to Women Empowerment but a big NO to Suppression of Men.

Friday, May 1, 2015

Indians Yearning for Governance - Time for Satyagrah



Mark May 5, 2015 on your calendar for witnessing a Satyagrah for Men at Jantar Mantar, Delhi.
  • Scrapping of IPC 498a (Move to make it compoundable is not the solution)
  • Creation of Men's Commission
  • Automatic Stringent Punishment for Law Misuser
  • Gender Neutral Laws (Replace the words He/She with Person, Husband/Wife with Spouse)

It is been around 67 years since India got independence from the British but it is yet to be free. It is considered the largest "Democracy". Democracy by definition means the rule is by the people, of the people, for the people.

It is unbelievable that archaic laws (Indian Penal Code!!!) formulated by British are still being followed. Those laws were framed with the sole intention of ruling the vanquished. The Government machinery still considers or treats the citizens as potential trouble makers. It is time to right the ship and advance and restore the pride of Bharat - the Land of Dharma.

There was a ray of hope that PM Narendra Modi who gave the vision of development will be able to deliver on his promises. The nation, saw in him as a facilitator, who will enable an all-round development and prosperity for all. The belief resulted in him getting a majority in the Lok Sabha. Law making is the first step. Laws vaguely written have been formulated which has led to rampant misuse.

Bharat was renown for its Dharma. One who does the crime was punished. An innocent person was guaranteed to get justice. Data supported by NCRB statistics show that lakhs of innocent men have been harassed, dignity lost due to the effect of around 48 laws, formulated in the name of women empowerment.  Why should the laws be gender biased if the crime is gender neutral?

The prevailing situation as a result of the gender biased, misuse prone laws:
  • Every 8 minutes a married man is committing suicide. If a married woman commits suicide, cops treat it automatically as a dowry death. Why do cops attribute all other possible reasons for a married man's suicide.
  • Innocent men are being harassed by the cops (along with his family members) just on the basis of the wife's allegations which are automatically taken as truth without any verification. A matrimonial dispute (civil in nature) is considered a criminal offence (IPC 498a). 
  • A consensual relationship comes with "No strings" attached. Anyone can break off and go their own ways. In reality, if a man breaks off a consensual relationship, the woman can file a rape case. A consensual sex has been converted to rape.
  • Domestic Violence all over the world is a gender neutral offence but the Indian law considers always the women (wife) to be victims (Protection of Women from Domestic Violence Act).
  • Managers are giving pay-hikes to few non-performing woman employees for fear of being accused of sexual harassment. The men in the team might lose out due to Managers's self-preservation motive. (Sexual Harassment against Women at Workplace Act).
  • A wife can file multiple sections for getting maintenance even if she is able-bodied, educated, working and sometimes earning more than the husband (Maintenance Laws).
It is with disdain the political class tells the public that all laws are being misused and so the public better deal with the misuse. The public elect the political class to be solution providers and not to become problem creators.

The Police treat the common men with contempt. Real criminals don't get caught. The Police have found an easy means to earn money by playing the role of extortion enablers. They are the first gatekeepers in determining whether a case is true or not. They however take the payoffs from the law misusers and pass on the burden of finding the truth onto the courts.

The belief exists that the Judiciary branch is pristine among the three branches of Government (Legislative, Executive and Judiciary). The reality however is far from true. There are 43 Lakh cases pending in High courts and 3 Crore cases pending in the Lower courts. How many years will it take for an innocent to get acquittal and what use is that Justice which comes so late.

The initiative by the Modi Sarkar to repeal obsolete laws should be commended. At the same time, laws need to be fixed which have caused anguish, pain and suffering to the commoners. False case filers should be punished stringently so that the existing judicial pendency can be controlled.

The Government being the representative of the people, should listen to the real people and not fall prey to the various groups funded by foreign funds whose objective is to destroy the nation for their selfish objectives.

Agitations were the preferred mechanism for gaining Independence from the British. Will the Government only take action if people resort to an agitation? If that is what it takes the Government to listen to people, then India will continue to be the land of agitations.

It will be wise of the political class to change and really start working for the people instead of enriching themselves. Reforms are needed in all spheres. The people yearn for governance and their credibility in all the three branches should be restored. The onus is on Modi Sarkar and we can work together to create a Shrest Bharat, which will be fair to all and won't discriminate on the basis of gender, religion, caste or creed.


Sunday, April 26, 2015

India - Only Country Where God Exists

Every one knows about Indian Standard Time. If an event or function has to start at a specified time, one can be sure that the event will eventually start around 30-40 minutes after the specified time once the people start coming. Indians are not punctual. They have no sense of time. Buses, Trains don’t run on time. 

I remember reading a story as a child that when Indira Gandhi was the prime minister, she wanted to change the reputation and image of India. She calls in a panel of experts from all parts of the world, primarily USA, Japan, Russia, European countries like Germany, UK, France, Italy. She gives the panel a year’s time to study the prevalent conditions and get back to her with a set of suggestions as to how she can change the face of India.

At the end of the year, the panel come to her with their report. They congratulate her saying that India is the only country where God exists. Indira Gandhi was surprised on hearing this conclusion. At the same time, she felt proud that she is the Prime Minister of the only country where God exists. She asks them as to how they concluded. 


They replied - Hard to find a house where a tap doesn’t leak but water is available everywhere. Electrical wires are seen hanging. One can get electrocuted by touching a switch. Yet there is electricity everywhere. Trains run on time! Yes but it may be yesterday’s time. They concluded that without God, India could not exist.

Sunday, April 5, 2015

Slogans of Modi Sarkar - Did he really mean them?

Shrest Bharat
Sabka Saatha Sabka Vikas
Justice for All, Appeasement of None
Make in India

The above are few of the aspirational slogans promoted by our Prime Minister Narendra Modi. He ran on the plank of development, eschewed the earlier divisive poll tactics of vote bank politics and enthused us in believing that a Shrest Bharat can indeed be forged ahead, where all can live their lives with their heads held high.

We are yet to see the results.  One qualitative change, where the common man can see the change and benefit is in the Judiciary. The justice delivery system is abysmal. There are 43 lakh cases pending in High Courts and 3 crore cases pending in the lower courts. A common man neither can get justice soon nor does he have resources to sustain this long legal process.

Law makers, Police, Lawyers, Judges are the major players in the justice delivery system. Reforms are needed in all levels. The onus is on the Law makers to frame laws with checks so that they are not misused. The reality is that the laws are framed poorly and all the other players have enriched themselves through this misuse prone laws. The corrections have happened when the law makers perceived loss to their electoral prospects.

TADA was allowed to lapse as Muslims were targeted. POTA was not given a second chance. Recently, IT Sec 66A was struck down by the Supreme Court as Women were getting increasingly affected. The reasons stated were that the law was vague and misuse was rampant.

The same Supreme Court has stated that Sec 498a as "Legal Terror" and asked Government to take corrective actions instead of striking it down like it did for Sec 66A. 498a has been heavily misused. It strikes at the family. In the name of the woman empowerment, this misuse is being tolerated by the politicians. Various law commissions have given recommendations to make changes so that the misuse can be curbed.

It has become a weapon in the hands of wives who want to control their husbands. Lakhs of women have been arrested and harassed due to this law. These women happen to be mothers, sisters of the husbands.

By going through the NCRB statistics, we can conclude that one married man is committing suicide every 8.5 minutes due to these misuse prone, gender biased laws. The politicians show concern for farmer suicides but ignore the husbands who have committed suicide.

Educated, capable men, in their prime, are running around the courts, fighting these false cases. They invariably loose their time, jobs, dignity and endure harassment by the system. It is nation's loss. Men who can contribute to NaMo's "Make In India" vision are forced to fight for their dignity and life. Is Modi Sarkar OK to loose a sizable force?

One aspect of reducing the judicial pendency is to ensure that false cases don't get added to the system. The false case filers should be punished heavily as currently they have no fear for filing a false case.  498a, Rape, DV, SC/ST Atrocities Act, POCSO are rampantly misused.

Modi Sarkar is toying with the idea of making Sec 498a compoundable as per Justice Malimath's recommendation for curbing the misuse. Justice Malimath had also recommended making it bailable but that recommendation is conveniently ignored.

Will making 498a compoundable curb the misuse? Definitely Not! It is compoundable in Andhra Pradesh and the number of cases filed under this section has shot up exponentially after making it compoundable. Check the detailed analysis of the effects of making IPC 498a compoundable.

Modi Sarkar is keen on making Judiciary effective and perfect. It starts with them by scrapping all such misuse prone, gender biased laws.  One who does crime needs to be punished irrespective of gender. We are still following penal code of British. We have imported laws from the west without the checks and are wrecking havoc.

Cops enrich themselves and let the false cases reach the courts. They are the second gatekeepers, who are not doing their duty properly.

Judges should automatically give stringent punishment to the false case accusers. The courts need to be modernized. One only has to go to a court and see for themselves the sorry plight.  The people crowd the entrances and strain to hear the case numbers being called. They have to be there for the whole day. There are no proper toilets in the premises.

Why can't there be good sitting arrangements. A medium output loudspeaker could be used to announce the case being heard. We should maintain computerized records. Information related to the cases should be easily available to the people.

CCTV should be installed in the courts. Judges also have to be accountable for their decisions. We don't want the status quo where the law treats the rich and connected differently and can get away.
Bharat was a nation famous for its Dharma. Alas we are not even the shadow of the land of Chandragupta, Asoka, Vikram, Sri Krishna Deva Raya.


Watch Sunny Deol's empathic request to the Judge in Damini (Tarikh Pe Tarikh), who has conveyed the essence so effectively.








Saturday, April 4, 2015

No value for a Man's life in India. Dimapur proved it loud and clear!


A man falsely accused of rape has been lynched to death by a mob in Dimapur. Will they be able to bring him back to life? What about the family left behind by him? How did we end up like this? What was it which gave the mob the license to take law into their hands and take a man's life after thrashing him.

What was the fault of the victim? He happened to be a "Man". The rape hysteria built up over the past three years has led to the mob murder. All men are potential rapists. The laws have been framed in favor of women and they are misuse prone. The false accusers are let off as there is no punishment for a false allegation.

A woman's word is sufficient for a man to be held guilty of rape. The man loses his reputation, dignity, job and even one's life as it happened in Dimapur. Why did we let it happen? It is a result of the notion that men are expendable and can be disposed off. Men have no value. 

Delhi has got the tag "Rape Capital". Delhi DCW Chief has stated that 53% of rape cases have turned out to be false. Media doesn't highlight the acquittals. The man's name is revealed from day one. His reputation, dignity is lost and endures the harassment from the system. It would be prudent to reveal the name of the accused only after being proven guilty in light of the high percentage of fake cases.

NHRC should have been active as genuine human rights violation has happened but they are nowhere to be seen. They however have been eager to take suo moto cognizance of other widely reported incidents. Dimapur is a fit case for NHRC to stand for the lynched man. He has been vested off his human rights (right to live, right to defend). 

Why is the false accuser still free in Dimapur? The authorities have arrested 20 odd youth for the murder of the man accused of false rape and moved on. After two years, Nirbhaya is still a live story where BBC too wanted to ride the TRP wave by releasing the documentary "India's Daughter" and defame the whole nation.

Let us pause for a moment and remember the man who lost his life on 5th March 2015. His name was Syed Sharifuddin Khan, a 35 year old proud Indian man, who has opened up questions for the Indian men.

Let us pledge not to fall prey to the rape hysteria. Let us work on making our laws gender neutral as crime has no gender. Let us value a human life. If left unchecked, it will happen soon somewhere close to you or even to you.

The following are few of the slogans from the Candle light protest against the lynching in Bengaluru on March 22nd, 2015.



#NirbhikMurdered on False Rape Allegation - #Mourn4IndiasSon


False rape can crucify anyone. You maybe next. Don't fall for #RapeHysteria

I fear for my life after Dimapur - #NirbhikLynched #FakeCases

Gross Human Rights Violation in Dimapur #NirbhikLynched

#RapeHysteria leading to #MobMurder

No Value for a Man's Life - #Mourn4IndiasSon

What is the use of Police & Judiciary if #MobInjustice is allowed?

Is it OK to kill a Man accused of False Rape? Why no punishment for false accuser?

Bangalore joins Nation-wide protest against the lynching in Dimapur and Rape Hysteria