Sex on promise of Marriage-Rape? Premarital sex-Immoral ?
Panel Discussion on Gender Discourse LOKSABHA TV
on 09 January 2014
Interesting Discussion where Feminists confess how Girls/Women Trap MEN using SEX as Tool/Pleasure toy and further go on to bat for MEN acknowledging the Vulnerability of MEN to such False Sexual Allegations.
They go on to detail out as to how Women/Girls should to approach and explore their Sexuality.
But they stop short of saying that Abusers and Misusers of Women centric highly biased laws be PUNISHED.
Wondering why Mens Right Activists or masculinists were not invited on this Panel discussion
Part 1/4
Part 2/4
Part 3/4
Part 4/4
Full Texts of Rape cases under Discussion are at below links
Delhi Court - Every act sexual intercourse between two adults on the assurance of promise of marriage does not become rape. Pre-marital sex not only is immoral but also against the tenets of every religion http://bit.ly/1fz0Le4
‘GIRLS LODGE FALSE CASES TO ESCAPE PARENTS’ SCOLDING’
Friday, 18 October 2013 | Staff Reporter | New Delhi
A city court has expressed concerns over the growing trend of girls fabricating false rape cases despite having eloped voluntarily with their lovers.
Acquitting a man of raping a woman by deceitfully making her believe that she is his legally wedded wife, the court said girls voluntarily elope with their lovers but to escape their parents’ scolding they lodge false cases.
“They (girls) voluntarily elope with their lovers to explore the greener pastures of bodily pleasure and on return to their homes, they conveniently fabricate the story of kidnap and rape in order to escape harsh treatment by parents. These cases tend to trivialise the offences of rape and undermine its gravity. A girl of this age group (19-24 years), even if belonging to a rural area, cannot be believed to be not knowing how the marriage is performed or what are the essential ceremonies of a marriage,” said Additional Sessions Judge Virender Bhat.
The police said that in 2008, the accused in collusion with his brother, had taken photographs of the alleged victim in objectionable position with him to blackmail and pressurise her not to take any legal action against him.
When the 24-year-old woman pressurised him to fulfil his promise of marriage, he took her to Jammu on the pretext of marrying her and applied vermillion on her forehead and made her believe that she was his wife, the police said.
He maintained physical relations with her by making her believe that they were husband and wife. The accused had also assaulted the girl, the police added.
The court, however, said this kind of marriage is usually resorted to when the boy and girl are in love with each other and their respective parents are against their alliance.
“The conduct of the girl in accompanying the accused to Jammu for court marriage demonstrates that she wanted to marry the accused but her parents were against this marriage. Her longing to marry the accused appears to be only out of deep love and not on account of assurance of marriage by the accused,” the court added while acquitting the man.
The court also said that of late it has observed a trend where the girl says the boy took her to a room, applied vermillion on her forehead, put garland around her neck and declared that they are now husband and wife.
“Then they indulge in sexual intercourse with each other, with the consent of the girl and later on the girl alleges rape on the false assurance of marriage. This is a very disturbing trend. The girls in such cases are mostly in the age group of 19-24 years, thus, mature enough to understand the consequences of their acts and not so numb to get carried away with any representations of the boy," the court said.
"खुद भागती हैं,सेक्स करती हैं,फिर कहती हैं रेप हो गया"
Girls caught with lovers file rape case after being caught: Court
Delhi, Fri Oct 18 2013, 04:37 PM
दिल्ली। दिल्ली की एक कोर्ट ने बलात्कार के आरोपी को यह कहते हुए बरी कर दिया कि लड़कियां खुद अपनी मर्जी से प्रेमियों के संग भागती हैं और माता-पिता के कोप से बचने के लिए फर्जी रेप केस दर्ज करवाती हैं।
अतिरिक्त सत्र न्यायाधीश वीरेन्द्र भट्ट ने कहा कि लड़कियां शारीरिक सुख के लिए स्वेच्छा से भागती हैं। जब घर लौटती हैं तो अपने माता-पिता के कड़े बतार्व से बचने के लिए अपनी सुविधा के मुताबिक अपहरण और रेप की झूठी कहानियां गढ़ती हैं। इस तरह के फर्जी मामलों से बलात्कार के अपराध की गंभीरता कम होती है।
न्यायाधीश ने कहा कि 19 से 24 साल की लड़कियां चाहे वे ग्रामीण इलाकों की ही क्यों न हों,नहीं जानती कि शादी क्या होती है और शादी के लिए जरूरी समारोह क्या होते हैं। एक युवक पर अपनी ही रिश्तेदार से बलात्कार का आरोप लगा था। आरोपी को बरी करते हुए न्यायाधीश ने टिप्पणी की।
पुलिस ने कहा कि 2008 में आरोपी ने अपने भाई के साथ मिलकर कथित पीडिता के आपत्तिजनक अवस्था में फोटो खींचे थे। ऎसा पीडिता को ब्लैकमेल करने और उस पर यह दबाव बनाने के लिए किया गया कि वह कोई कानूनी कार्रवाई न कर सकें। जब 24 वर्षीय पीडिता ने उस पर शादी के लिए दबाव डाला तो वह उसे जम्मू ले गया। वहां उसने महिला की मांग में सिंदूर भरा और उसे विश्वास दिलाया कि अब वह उसकी पत्नी है। इसके बाद आरोपी ने उसके साथ शारीरिक संबंध बनाए। आरोपी ने पीडिता की पिटाई भी की।
इस पर कोर्ट ने कहा कि इस तरह की शादियां तब होती है जब घर वाले खिलाफ हों और लड़का-लड़की एक दूसरे के प्यार की गिरफ्त में हों। शादी का रजिस्ट्रेशन कराने के लिए आरोपी के साथ जम्मू की कोर्ट में जाने वाली लड़की के बर्ताव से पता चलता है कि वह आरोपी से शादी करना चाहती थी लेकिन उसके घर वाले खिलाफ थे। लड़की ही आरोपी के प्यार में पागल थी। आरोपी ने शादी का आश्वासन नहीं दिया था।
कोर्ट ने कहा कि आजकल यह चलना हो गया है, लड़की कहती है कि लड़का उसे कमरे में ले गया। उसकी मांग में सिंदूर भरा,गले में वरमाला डाली और घोषणा कर दी कि दोनों अब पति-पत्नी हैं। इसके बाद दोनों ने शारीरिक संबंध स्थापित किए। ये संबंध लड़की की इच्छा से स्थापित होते हैं लेकिन बाद में लड़की यह कहकर लड़के पर रेप का आरोप लगाती है कि लड़के ने शादी का झूठा वादा करके शारीरिक संबंध बनाए। यह विचलित करना वाला ट्रेंड है। इस तरह के मामले में ज्यादातर लड़कियां 19 से 24 साल के बीच की होती हैं।
Tarun Tejpal of Tehalka and Retd Sc Judge AK Ganguly
accused under
Sexual Harassment at Work Place/Rape Laws.
Use Abuse or Misuse !
Discussion on DD NEWS-Amnae Samnae Telecasted on 29 NOV 2013 @ 10-10.30 pm
Panelists Ms Jyoti Tiwari, Mens Right Activist, Save India Family Foundation Ms Shubhi Chaturvedi, Asst Professor, Journalism Lady Shriram College Ms Charu Wali, Member NCW Mr SK Dua, Journalist and Rajya Sabha Member Anchor - Sudhanshu Ranjan
A Must watch video where SIFF ideology (by Jyoti Tiwari) objurgates into the feminists who come to the edge of their seats to rattle and "Have strong objections to what is being said on panel".
Noticeably when these "Supporters of Mom Batti brigade" find themseleves exposed and on wrong foot they quickly hide behind their archiac magniloquent rhetorics and that to in "Angarezi" forgetting that they are on a Hindi Programme.
An unmarried adult couple will be considered married and can be termed husband and wife if they have sex, the Madras high court has said in a judgment with far-reaching consequences, especially for those in live-in relationships.
Such a couple could not separate or "marry" a second time without a decree of divorce if it was proved that they shared a sexual relationship, said the court, whose order has been described as regressive and confused.
The judgment has created a furore online, with social media buzzing with angry messages. (click hereto read the operative part of the verdict)
"If any couple, subject to their attaining the mandatory age of freedom,...indulges in sexual gratification, then that would be considered as valid marriage and they would be termed as 'husband and wife', as a result of their choice of freedom," justice CS Karnan said while deciding a maintenance claim in favour of a woman who had two children with a man she was not married to.
The court said if the woman gets pregnant, she would be treated as the 'wife' and the man as the 'husband'.
"The judgment seems to be based on the established rule regarding presumption of marriage but the court has stretched it too far. There was no need for equating sexual relationship with marriage, which undermines the sanctity of marriage," former law commission member Tahir Mahmood said.
"Putting so much emphasis on sex is rather obnoxious. To say that without divorce the parties cannot separate is legally untenable."
The court said marriage formalities of tying a mangalsutra and exchanging rings were only for the satisfaction of society, adding legal aspects should get precedence over customs.
The court reversed a Coimbatore family court's finding that the duo could not be considered a couple as there was no documentary proof of the wedding. The family court had asked the man to pay R500 maintenance a month to his two children but not to the woman.
In signing the birth certificate of his second child and giving consent to a caesarean section, the man had officially admitted that the woman was his wife, the HC said, ordering the man to pay the woman a maintenance of Rs. 500 a month since September 2000, when she filed petition.
The Supreme Court has all along held that if a man and a woman live together for a long period as husband and wife, there is a presumption of valid marriage between them and children born of such relationship have inheritance rights.
But the HC verdict appears to have confused sex with marriage as it describes consummation or sexual interaction as "the main legal aspect for a valid marriage".
----- Madras HC clarifies pre-marital sex verdict, objects to criticism
PTI Chennai, June 19, 2013
The Madras High Court on Monday took strong objection to criticism of its verdict holding sexual relations between a woman and man of marriageable age, prior to tying the knot, as "a valid wedding" and stoutly defended the order saying it "protected Indian culture and welfare of women."
Two days after he delivered the judgement, which has evoked disapproval and criticisms from various quarters, including on social media, justice CS Karnan said comments should not be made without fully understanding the verdict.
In a clarificatory order, which would be part of the judgement, the judge said "this court's order does not in any way run against any religion and is not intended to wound any Indian. The order had not in any way degraded the system of marriage performed as per the various religious and customs and rites among the various communities." (click here to read the operative part of the verdict)
Justice Karnan further said "this court has given the legal relief to the affected woman. Without fully understanding the court's judgment, adverse comments shall not be passed."
"If a bachelor aged 21 years or above and a spinster aged 18 years or above had premarital sex with the intention to marry and subsequent to this the man deserts the woman, the victim woman can approach a civil forum for remedy after producing necessary substantial evidence to grant her social status as wife. This remedy is not only for the purpose of giving relief to the victim woman but also to maintain the cultural integrity of India," he reiterated.
Justice Karnan had given the judgement on June 18 while modifying an April 2006 judgement of a family court in a maintenance case.
A family court in Coimbatore had ordered a man to pay Rs. 500 maintenance per month to his two children and Rs. 1000 as litigation expenses and had held that the woman's wedding with him did not have any documentary proof.
Swaroop Sarkar, SIFF blasts Feminists lies. Debate on Gender Neutrality and Consensual Sex Age issues in Proposed Anti Rape laws. India News 12 March 2013
(This is recording of the last 10 minutes of programme which was telecasted live)
Sms poll result on India News - Should Consensual Sex Age be lowered to 16 yr ?
YES - 51 %
NO - 49%
Related Media coverage
Why a gender neutral anti-rape law isn’t anti-women
The question on whether or not rape should be made gender neutral has had many activists up in arms, and is also reportedly a source of conflict between the Ministry of Home Affairs and the Law Ministry, leading to a delay in the introduction of the anti-rape law in Parliament.
Leading women’s rights activist Kavita Krishnan has been one of those who has been against the definition being made gender neutral.
“They are making the law against rape gender-neutral, where the accused is concerned. This means women can now be accused of rape. Now when we were struggling on the streets, was this what we were asking for? Is it a problem is society that women are going around raping men?”, she told Firstpost in an interview.
With all due respect to Ms Krishnan, I strongly disagree.
While it is true that more women get raped and sexually assaulted, it does not mean it does not happen to men at all. Men do get raped – mostly by other men but yes, sometimes by women too. So arguing that the law can be misused is no argument to not pass one at all.
Male rape is in fact, more widespread than many of us think. Delhi gangrape suspect Ram Singh, who allegedly committed suicide on Monday, claimed that he was raped by other male prisoners. And according to Firstpost editor G Pramod Kumar, the problem of male rape in Indian prisons is a real problem:
“The People’s Union of Civil Liberties had this to say about Tihar way back in 1981: “When a young boy enters, the prisoners have been known to have bid a price for the boy. The price offered is in terms of ‘bidis’, soap or charas. Often prisoners have been divided into camps and the groups have fought each other on the issue of who shall have the new entrant.”
The Guardian also did a harrowing story on how male rape is endemic in many of the world’s conflicts.
“Twenty-one per cent of Sri Lankan males who were seen at a London torture treatment centre reported sexual abuse while in detention. In El Salvador, 76% of male political prisoners surveyed in the 1980s described at least one incidence of sexual torture. A study of 6,000 concentration-camp inmates in Sarajevo found that 80% of men reported having been raped” the report said.
But male rape is not just restricted to extraordinary situations like war and prison.
A 2012 psychology study noted that “Victim surveys of British and American males have shown that 3 to 8 percent of males reported at least one adulthood incidence of sexual assault in their lifetimes with at least 5 to 10 per cent of all rape victims being male”
A provocative Stanford university study titled ‘psychology of men and masculinity‘ which states that there are several ‘myths’that often lead to the perception that male rape is not a ‘real’ phenomenon. These include beliefs like:
- Men cannot be raped
- “Real” men can defend themselves against rape
- Men are not affected by rape (or not as much as women)
- A woman cannot sexually assault a man
- Male rape only happens in prisons
One possible solution has been to at least recognise that men can be rape victims, even if the law does not see women as perpetrators. This would at least allow male victims to seek redress under law when they are raped by other men. This is vastly better than taking men out of the equation altogether.
However it is my belief that making a law gender neutral should not be seen as yet ‘another tool’ with which to attack women. Instead it should be viewed as a tool to protect male victims and encourage them to come forward and seek justice under India’s legal system. Taking away their right to seek redress under law is just another form of discrimination, and is in no way a victory either for women or the cause of feminism.
