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 - http://timesofindia.indiatimes.com/city/delhi/Court-Forced-sex-in-marriage-not-rape/articleshow/34993548.cms

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.

Source - http://timesofindia.indiatimes.com/india/Are-marital-rapes-a-myth-Forced-intercourse-in-marriage-not-rape-trial-court-says/articleshow/36510527.cms

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.

Source - http://www.risingkashmir.com/on-their-use-and-misuse/

Man falsely implicated in rape case be compensated, says Delhi court

Man falsely implicated in rape case be compensated, says Delhi court

Press Trust of India | New Delhi 

January 15, 2014 Last Updated at 19:22 IST

A person falsely implicated in a rape case should be given compensation and either the court should be empowered to do so or the Centre should bring some amendment in the law in this regard, a Delhi court has said. 

Additional Sessions Judge Virender Bhat also said that the court could also be empowered to direct the state or the prosecutrix to compensate the person acquitted of the rape charge. 

"I may note that there is a dire need for provision to be made in the Code of Criminal Procedure (CrPC) to enable the court to direct either the state or the prosecutrix to compensate the persons acquitted of the false rape charges. 

"In cases, where the court comes to conclusion that the accused had been implicated on totally false and baseless charges, the accused, in fact, is the victim and deserves to be compensated...Caused to him in facing arrest, imprisonment and the ordeal of criminal trial," the judge said. 

"A copy of this judgment be sent to Secretary, Department of Law, Government of India and the Chairman, Law Commission of India for their perusal and consideration," he said. 

The court's observation came while hearing a rape case lodged by a married woman in March 2013, which later turned out to be false on the ground that "she was having voluntary liaison with the accused and her husband pressurised her to lodge a complaint of rape, when he came to know about their affair". 

Meanwhile, the court also ordered a separate trial of the woman for giving a false evidence before it. 

"I find it expedient to proceed against the prosecutrix under section 344 CrPC for giving false evidence before this court, which is being done by way of a separate order," the court said. 

The judge said, "At present, I do not find any provision in the CrPC or any other law in force for the time being, empowering the court to grant compensation to the accused acquitted of the false criminal charges. 

"Hence, I consider that state should either amend Section 357 (order to pay compensation) of CrPC or add a fresh section in the Code empowering the courts to grant compensation to the accused in such like cases.

http://www.business-standard.com/article/pti-stories/man-falsely-implicated-in-rape-case-be-compensated-says-court-114011501095_1.html

Judge's rape remark insensitive: Delhi high court

Judge's rape remark insensitive: Delhi high court

Smriti Singh, TNN Jan 7, 2014, 12.07AM IST

NEW DELHI: Just a day before a fast-track court, set up exclusively to deal with cases of sexual offence against women, said that pre-marital sex "is not only immoral but also against the tenets of every religion", Delhi high court had passed a stern order against the same court for giving "sermons" to "the feminine gender as a class" in one of its previous orders.

The HC had taken suo motu cognizance of the remarks made in the October 7, 2013 rape case decided by additional sessions judge Virender Bhat, wherein he had said, "They 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 scolds and harsh treatment from the parents." 

The trial court had further said, "The girls are morally and socially bound not to indulge in sexual intercourse before a proper marriage, and if they do so, it would be to their peril and they cannot be heard to cry later on that it was rape."

In its order pronounced on December 19, 2013, a division bench of justices Pradeep Nandrajog and V Kameswar Rao held that the trial court's observations were "prima facie insensitive" and were "capable of influencing the police to take up women harassment cases lightly, resulting in an insensitive investigation and complete evidence not being brought before the court."

The HC asked State Judicial Academy to nominate the judge as a participant "whenever a topic on gender sensitivity is discussed". The bench further said that the "sweeping observations" against the girl in the case were "not based on the evidence on record".

"It is apparent that the remarks, which are general in nature, are not based on the evidence on record (and) appear to be the result of the experience of the judge...The judge has imparted his personal knowledge pertaining to females in the decision-making," the bench said.

Just a day after the HC passed its order, ASJ Bhat, on December 20, observed in another rape case that pre-marital sex is "not only immoral but also against the tenets of every religion. No religion in the world allows pre-marital sex".

While absolving the man of the charge of rape- he had been accused of having sexual intercourse with a woman after obtaining her consent on the false promise of marriage - the court observed, "When a grown-up, educated and office-going woman subjects herself to sexual intercourse with a friend or colleague on the latter's promise that he would marry her, she does so at her own peril."

While his comments once again stirred up a controversy, ASJ Bhat has been known for speaking his mind in his orders. In November last year, while acquitting a youth who was accused of kidnapping and raping a minor girl with whom he was in love and had married her, the judge asked the parents to "impart good moral values and education" to their children to curb the menace of elopement and runaway marriages.

He had also stoked a debate in May 2012, when he criticized the proposed law by the government to raise the age of consent for sex from 16 years to 18. Terming it as "undemocratic" and "regressive", the judge had said the move would open "floodgates for the prosecution of the boys for offences of rape, on the basis of complaints by the parents of the girl, no matter (even if) the girl would have been the consenting party and offer to have sexual intercourse may have come from her side."

SOURCE - http://articles.timesofindia.indiatimes.com/2014-01-07/delhi/45954737_1_trial-court-delhi-high-court

GIRLS LODGE FALSE CASES TO ESCAPE PARENTS’ SCOLDING खुद भागती हैं,सेक्स करती हैं,फिर कहती हैं रेप हो गया

‘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. 

SOURCE-http://www.dailypioneer.com/city/girls-lodge-false-cases-to-escape-parents-scolding.html

"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।

Source - http://www.patrika.com/news/girls-caught-with-lovers-file-rape-case-after-being-caught-court/964343