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.—As per Domestic Violence Act in India:
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;
- 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; orAs per IPC Section 498-A:
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.
- 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.As per IPC Section 377:
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.
- 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.
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