Monday, June 23, 2014

Marital Rape not in the ambit of Indian Rape Laws - Delhi Court

Marital Rape not in the ambit of Indian Rape Laws - Delhi Court

The below media discussion on Marital Rape was telecasted Live on Gender Discourse programme on Loksabha TV on 22nd May 2014. To be fair, gender biased and balanced this topic ought to be discussed with representation from both Men and Women Activists but as it always happen it was hijacked by strongly and heavily funded Feminists and biased media failed miserably to invite any of the Mens' Activists or Mens' right Organisations.

It was really heartening to see that being a live telecast the Feminists were openly nailed down by the Live callers who rightly highlighted out the correct positions of misuse of rape laws as in Part 1 of the below youtube video.

In Part 2 of the youtube video beside other callers, a Live caller was Shiva from Bengaluru, who seems to be a part of an organisation involved in protecting Mens' (Husband's) rights. Caller Shiva thwarted the feminists misleading propaganda and exposed the web of lies and sob stories. It was a strong message from Shiva that not only slammed the feminist panel and swept them off their grounds.

Radical Feminist thought they can do away without Mens' right representation and people will take their false propaganda.

This is a discussion another glaring example how media is blinded and episodes are openly hijacked by funded feminists.

Part 1 of 2

Part 2 of 2

Reference cases that aere under above discussion were reported in media as below

Court: Forced sex in marriage not rape

May 12, 2014, 03.44 AM IST
NEW DELHI: A court has acquitted a man accused of raping his wife, stating that forced intercourse with a woman does not amount to rape if she is married to the accused.

"The parties being husband and wife, the sexual intercourse between the two does not come within the ambit of the offence of rape, even if the same was against the will and consent of the victim," additional sessions judge Virender Bhat said while acquitting Vikash, who was charged with raping his wife.

According to the prosecution, the woman claimed Vikash sedated her and took her to the office of the registrar of marriages in Ghaziabad in an intoxicated state. He got the marriage documents signed by her on March 4, 2013. Later, Vikash raped her and then abandoned her, it said. The woman had filed a complaint at the Baba Haridas Nagar police station in southwest Delhi in October 2013.

"Thus, the prosecutrix (the wife) and the accused (Vikash) being legally wedded husband and wife, and the prosecutrix being major, the sexual intercourse between the two, even if forcible, is not rape and no culpability can be fastened upon the accused," the court said in its order on May 7.

"There is no clinching or convincing evidence on record to show that the accused had administered any stupefying substance to the prosecutrix (the wife) on March 4, 2013, before taking her to the Ghaziabad court," it added.

Vikash claimed innocence and said his marriage was solemnized on February 2, 2011 at the woman's house. Upon the insistence of his wife, he decided to get their marriage registered and went to the Ghaziabad court. Vikash alleged that his wife had framed him after he was unable to get his sister's house transferred in his name.

Source -

Another Case

Are marital rapes a myth? Forced intercourse in marriage not rape, trial court says

Jun 14, 2014, 02.53AM IST
NEW DELHI: Physical relations between a married couple, even if against the woman's consent, does not tantamount to rape, a trial court has said while acquitting a man of charges of raping his wife. Additional sessions judge Virender Bhat made the observations while freeing the man, accused of raping his tenant after marrying her. The man was also accused of raping the woman before the marriage.

"It is the case of the prosecution itself that the accused performed nikah with the prosecutrix in the house of his paternal aunt in presence of a maulvi on July 20, 2012. They were legally wedded husband and wife from July 20, 2012, and the physical relations between the two thereafter, even if against the consent of the prosecutrix, do not tantamount to offence of rape," the court said.

The court also said the woman's version of the incident was "suspicious" and far from being "credible or trustworthy". "The conscience of this court does not permit it to believe the version of the prosecution. The accused deserves to be given the benefit of doubt," the judge said.

According to the prosecution, the man, being the son of the woman's landlord, came to her house on July 19, 2012, and gave her an intoxicated drink after which she felt unconscious and he raped her. On the next day, he took her to his aunt's place, married her and raped her several times, it said. He later raped her at his friend's place and after sometime, he burnt their marriage documents and refused to take her to her matrimonial house, the woman claimed. Police said, when the accused along with his father and brother came to the woman to collect rent, they had a quarrel after which she lodged a complaint at Bindapur PS.

The court said the conduct of the woman in accompanying the man "voluntarily and willingly" the next day is highly unnatural. "It beats all imagination to say a rape victim would voluntarily accompany the rapist on the date after the incident," it said. The court noted that, in her statement before a magistrate, the woman had stated for the first time that the man would take her to the house of his friend at Bindapur daily where he used to have sexual intercourse with her. "These incidents of sexual intercourse appear to be consensual," it added.

Rape laws On their use and misuse Being used as a tool for “vengeance and vendetta” to harass, extort and blackmail males,difficult to distinguish fake cases from genuine ones

Rape laws On their use and misuse 

Being used as a tool for “vengeance and vendetta” to harass, extort and blackmail males Difficult to distinguish fake cases from genuine ones

by Maheer Ashraf
India saw a paradigm shift in the crimes against women in the aftermath of the Delhi Gang Rape in December 2012. The only story that seemed to be in print, on air and in our minds and hearts was the story of a paramedical student who died after a brutal gang rape. The momentum is still ripe with thousands of debates, seminars and discussions happening everyday around the nation on how to prevent crime against women. Women empowerment and safety has become a political issue, with each party making these a prime agenda in their manifesto.
The stringent law brought in a year ago in the wake of the Delhi Gang Rape expanded the ambit of sexual assault but, as is being realised now, left it open to misuse. Mulayam Singh Yadav of the Samajwadi Party got into trouble when he revealed the ‘other side’ of the rape story. Justice Virender Bhat while acquitting four people in a gang rape case in Delhi made an observation that it was becoming “difficult to distinguish fake cases from genuine ones”.  However, he had to bear the brunt of stating the truth as many feminist organisations went on record to say that he needed “gender sensitization training”. Justice Kailash Gambhir said that the rape law was frequently being used as a tool for “vengeance and vendetta” to harass, extort and blackmail males.
The mere statement of a woman becomes gospel truth and the accused gets arrested and charge-sheeted. Even the frail, old and weak persons are not spared against the false accusation of rape. The saddest part is that just because of being a woman, she gets the benefit of doubt. Being a feminist, I cannot be against the empowerment of Indian women. But yes, I am strongly against the cheap attitude of such women who manipulate the Indian laws in their favour. This is because the misuse of these laws not only ruins the reputation of the falsely accused and his family, but also weakens the case of those women who have really gone through any molestation.  It is true that men need to respect women, but it is equally important that women must respond accordingly.
An RTI response filed with the Delhi Police reveals that from 2008-2013, out of 27 complaints registered at 6 Police Stations under the New Delhi district, 11 cases were that of ‘rape with promise of marriage’. It is not only making a mockery out of the sacred institution of marriage, but also inflating statistics of rape which further depreciates our own society.
Many people will question my opinion that many laws are misused, why raise voice against this. The truth is that those laws don’t destroy families. These do! Moreover, justice cannot be based on gender of an accused or victim. Such cases become huge media trials for the accused and the victim’s name is kept out of media. Same is the case with dowry laws where a huge misuse is being made every single day. No doubt laws are made for our protection but their gross misuse is ruining families and the very fabric of our society.
We as a society are now witnessing administrative matters turned into rape, office politics turned into rape drama and rape law becoming a tool for blackmail, revenge and extortion! Similarly, dowry law is being used for abuse of men and their elderly parents who then have to pay through their nose to settle these cases or rot in jail. The worst part is that if men are acquitted it is not reported in media and by then his family has suffered the most horrible punishment. To sift the chaff from wheat requires sensitivity of lawmakers not only towards women but equally towards men because both in tandem form this society. It is important that we demand gender-just, gender-sensitive and not only gender-neutral rape laws.
By misuse of these laws we are only further endangering and deepening women’s vulnerability in the country.  Let us stop this legal terrorism and ensure the strictest punishment meted out to perpetrators of crimes against women as well as women who misuse these laws. Ultimately, injustice anywhere is a threat to justice everywhere. Women’s groups and civil society also need to introspect whether these laws are not being made a mockery of and whether they are demanding justice or merely media space.
Because respect cannot be demanded, it can only be commanded.

The author is a freelance writer.