Recently Mulayamsinh Yadav statement on rape cases sparked controversy. I condemn his statement “ladko se galti ho jati hai” which protects rape criminal and doesn’t preserve woman dignity. However, my this post is about the genuine loophole he raised in rape cases.
“matbhed ho gaya aur ladki jake rape complain kar deti hai”
There are reported cases of false rape charges. In USA 10 to 40% rape cases are false. In England there was case where rape case was registered after 10 years and lawyers suggested it to make it mandatory to file case withing 6 years of rape.
Situation/cases from India
- There was case where Girls caught with lovers and file rape case after being caught. The additional judge Virendr Bhat in case rulled that girl eloped with boy on his wish and they performed marriage rituals in Jammu. Then they had intercourse with consent of girl and then girl complained rape case. Girl is mature enough to understand the consequences of their acts and not so numb to get carried away with any representations of the boy. Court released man.
- In other case a city court in Delhi granted bail to a man accused of rape by his ex-girlfriend. Girl complained that accused established physical relationship with her for last 4 years after promising her of marriage. But now he marries to another woman. Later boy told girl filed complaind due to spite and girl also filed affidavite that she was misguided by NGO to register case.
- There are objections being raised against new rape law by lawyer community. According to IPC section 375 “absence of physical resistance cannot be construed as consent” (explanation 2 underlined below). Lawyers says that marriage promise should be excluded from it because that is the excuse which is mostly taken up by women to register false cases even though the sex was consensual.
What Mulayamsinh Yadav raised is genuine problem but our media removed this point and projected only one thing(India news, IBNLive, NDTV) that “ladko se galti ho jati hai uske liye fansi pe chada diya jayega kya?”. Why so? Reason being there is a big communist network is running behind the news channels which wants to destroy entire Hindu society. You can see the proof of it in IBNLive video where they invited Vrinda Grover who is hardcore feminist and she did not spoke about this genuine case of false rape cases, though she agreed that she is also against the death penalty for rapists. There are two reasons behind this issued being wrongly projected and true point is being hide.
- There is communist groups who want to destroy Indian culture and frequently stressing the statements given about culture by Mulayamsinh and Abu Azmi.
- To hide the main issue of false rape allegation.
Main conclusion is this anti rape law is being misused by women and she is not punished when it is proven that she filed wrong complain. This law seems to be gender biased and need to be rethink.
Same happened with Abu Azmi statement. If I write what I understood from his words (I may be wrong also), he told very specific statements. “If a married/unmarried girl having sex consensual/non consensual sex is punishable in Islam”. He told about adultery and which is punishable in Islam. I do not know in detail what is written in Islam but adultery is not healthy practice. He also clearly told it is against Indian culture and against any religion in world. I think he screwed because communists who are anti culture and anti India dragged the matter in some other direction. What comis thought? Give halt to Modi for some time because he may die after some time. He is not serious threat. However culture and traditions are serious threats because it will live forever even after Modi also. So comis should attack on the matters where culture and traditions are being preserved.
Chapter XVI of Indian Penal Code titled “Of offences affecting the human body” contains IPC sections which penalises person for rape. Sections 375, 376, 376A, 376B, 376C, 376D are the relevant sections for rape and intercourse. However section 377 is related to unnatural sex.
IPC Section 375
A man is said to commit rape if he
- Penetrates his penis, to any extent, into the vagina, mouth urethra or anus of a woman or makes her to do so with him or any other person
- Inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra, anus of a woman or makes her to do so with him or any other person
- Manipulates any part of the body of woman so as to cause penetration in to the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person
- Applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of following seven descriptions
- Firstly- against her consent.
- Secondly- without her consent
- Thirdly- with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death of of hurt
- Fourthly- with her consent, when the mean knows that he is not her husband and that her consent is given because she believes that he is another man to whom she ois or believes herself to be lawfully married.
- Fifthly- with her consent when, at the time of giving such consent, by reason of unsoundness of minor, 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 to which she gives consent.
- Sixthly- with or without her consent, when she is under eighteen years of age.
- Seventhly- when she is unable to communicate consent.
- Explanation 1- For the purpose or this section, vagina shall also include labia majora
- Explanation 2- Consent means an unequivocal voluntary agreement when the woman by words, gestures, or any form of verbal or non verbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who doesn’t physically resist to act of penetration shall not be the reason only of that fact, be regarded as consenting to the sexual activity.
- Exception 1- A medical procedure or intervention shall not constitute rape.
- Exception 2- Sexual intercourse or sexual act by a man with his own wife under the condition the wife not being under fifteen years of age.
- So, if I write what I understood, if a person travelling in a bus and by mistake his hand goes near to girl genital then he can be convicted for rape case if girl complains (point 2 “inserts any object” and according to Explanation 1 labia majora is included in the law)
- There is another term being coined by leading feminist group in India “Marital Rape” and they want to remove Exception 2. If Exception 2 is removed then husband can be punished for “Marital Rape” charge.