INDIAN Men and Husbands face Domestic Violence. Misuse of ipc 498a (Anti Dowry), DV acts, Anti Rape laws - A programme on News Nation Hum Log 04Jun2015
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Showing posts with label false rape. Show all posts
Showing posts with label false rape. Show all posts
Thursday, June 4, 2015
Wednesday, August 6, 2014
Are laws against sexual assault being misused?
Are laws against sexual assault being misused?
http://ibnlive.in.com/videos/490485/are-laws-against-sexual-assault-being-misused.html
Youtube link
In a dramatic twist in the rape case against Mumbai DIG Sunil Paraskar, the CCTV footage of a meeting between the model and her former lawyer Rizwan Siddiqui accessed by CNN-IBN suggested that the model wanted to tarnish the DIG's image and gain publicity to enter a reality television show. The revelation also raised question whether the laws against sexual assault are being misused.
http://ibnlive.in.com/videos/490485/are-laws-against-sexual-assault-being-misused.html
Youtube link
Tuesday, August 5, 2014
Rape cases: Scripted FIRs fail court test
Rape cases: Scripted FIRs fail court test
August 1, 2014
In cases of alleged elopement, The Hindu found, the complainant was almost always named as being 14 years old in the FIR.
Going by FIRs, most rape cases in Delhi in 2013 involved 14-year-old girls who were given intoxicant-laced cold drinks, abducted and assaulted. But The Hindu’s study of 600 court judgements shows this could not be further from the truth.
Police stations follow an informal script to record sexual assault cases, conversations with police officials and judges revealed. Madhu Mehra, feminist lawyer and executive director of Partners for Law in Development, says that their studies have shown the same.
In cases of alleged elopement, The Hindu found, the complainant was almost always named as being 14 years old in the FIR. This automatically makes her partner liable to be accused of abduction and rape and any marriage ruled invalid, police officials explained. Moreover, poorly educated parents were often unaware of the exact age of their daughters, one officer added.
To make the case sound as if the girl was abducted and did not go with the boy with her consent, an element of intoxication is added to the FIR, usually a “cold drink laced with a sedative”.
The problem is that none of this stands in court. In almost all of the 174 cases of elopement, the complainant was ruled to not be a minor by the court; only 10 cases resulted in statutory rape convictions. “So much time of the court is wasted in deciding this issue when the parents know from the start that she is a major,” one judge complained. Further on not one of 583 cases examined by The Hindu was the police able to produce any proof of intoxication.
For ‘promise of marriage’, another script is deployed: the accused is first described as having committed sexual assault on the complainant anywhere between two and 13 years before the FIR was filed; subsequently, the FIR says, she asks the accused to marry her, he continues having sexual relations with her for several years under this promise and ultimately calls it off with one last non-consensual encounter. “We tell the girl that you will have to say that at least the first time and most recent time was without your consent for it to go to court,” one police official said frankly.
None of this stands in court either; the only 12 promise of marriage cases that saw convictions were ones in which there was clear deceit, such as the accused being already married. At least two complainants interviewed by The Hindu corroborated this.
Even while activists often use the low conviction rate in rape cases (27% for India in 2013) to make the point that the police and judicial system are stacked against victims of rape, the judges The Hindu interviewed were equally insistent that the conviction rate be highlighted because it showed how poor the quality of evidence coming before them was. “The acquittal rate clearly shows that most of the cases coming before us are not rape cases as you might imagine them like the Nirbhaya case,” one judge said.
As a result of the sheer number of such cases, in off-the-record conversation with The Hindu at the least, both cops and judges said they tended to be sceptical of cases in which the complainant and the accused are romantically involved. When asked of cases in which a couple is romantically involved but the boy might sexually assault his partner, one judge shrugged it off; “If he beats her or attacks her there may be a case, but this never happens.” Intensely conscious of media scrutiny of their rulings, judges however were quick to add that their reading of ‘reality’ never biased them against outcomes.
The Hindu’s investigation of district court judgements on sexual assault indicate that a great distance is travelled between the FIR and the court judgement and at both ends of the process, risks are building. At the first instance, relying on FIRs for data on sexual assault or a framework for sexual assault in India may be unreliable. Moreover, media articles relating to a number of the cases looked at by The Hindu indicated that the media reports the FIR nearly verbatim without contacting the accused, and rarely follows up except in high-profile cases.
Wednesday, July 16, 2014
Intimate Terror - Gender Biased women centric laws terrorising Men and family culture. Misuse of Dowry, Rape, Sexual Harassment laws
Intimate Terror - Gender Biased women centric laws terrorising Men and family culture. Misuse of Dowry, Rape, Sexual Harassment laws
A panel discussion on intimate terror. Laws made for the safety, security and empowerment of women are spreading terror amongst men in love and relation...Society lives in different level but laws see equally to all...Is society heading towards gender war because of feminist laws...
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.
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
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.
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.
Thursday, June 19, 2014
Rape accused acquitted after ‘victim’ goes to jail to give him underwear
Rape accused acquitted after ‘victim’ goes to jail to give him underwear
Shalini Narayan | New Delhi | Published: Jun 19 2014, 10:03 IST
She claimed she was raped several times over the course of a year by a man she had befriended at her office. The man had promised to marry her, she claimed in her complaint to police. The accused was arrested in February last year and chargesheeted thereafter. However, when the trial reached the central fast-track court, her allegations didn’t stand after the court noted that not only had the victim visited the accused’s wife in hospital when she had a baby, but she had also visited the accused in jail and brought him undergarments on his request.
Noting how “extraordinary” and “unbelievable” this act of a “rape victim” was, the court of Additional Sessions Judge Kaveri Baweja acquitted the accused terming the claims by the victim “contradictory”.
In August 2011, the complainant, a resident of Sitaram Bazaar in Delhi, met the accused at her office. The two became friends following which they began meeting regularly. In her statement to police, the woman said the accused would take her to a park at Pusa Road and would rape her there. She also claimed that the accused threatened to “defame” her if she told anyone about the ‘rapes’.
However, on February 18, 2013, she claimed the accused revealed to her that he was already married. Three days later, the woman lodged a case and the man was arrested under sections of rape (376) and threat (506) of the IPC.
In his defence, the accused pleaded that he was innocent and that the woman was demanding Rs 1 lakh from him to withdraw the complaint. He said she also threatened to falsely implicate him if he did not pay her. The accused told the court that the woman was on the interview panel when he joined the office and that she was well aware of his marital status.
After considering arguments from both sides, the court noted, “... in the light of evidence brought on record during the course of the trial, I find myself unable to accept the submissions of the prosecution. I find on going through the record that the prosecutrix cannot be said to be a reliable witness. Her testimony appears to be unworthy of reliance and the conviction of the accused can certainly not be based on her testimony keeping in view the entirety of the evidence on record...She certainly would not have acted upon the assurance of the accused that he would marry
Rampant Misuse and Abuse of Highly biased Women Centric laws - ALL MEN must watch - Rights of Arrested Person or In case of Arrest
In the wake of surge and rampant Misuse and Abuse of Highly biased Women Centric laws.
A Must watch for ALL MEN !
Rights of Arrested Person or In case of Arrest
Telecased on 09th June 2014 in an episode of Legal Point on Lok Sabha TV
Eminent Panelist include -
Retd Judge, Lawyer, Police Officer.
Part 1 of 3
Part 2 of 3
ALL THREE PARTS in PLAYLIST
Samandh aur Naari Suraksha | Relationship and Women Safety
Live discussion in program Aam Log
Samandh aur Naari Suraksha
Monday, June 16, 2014
Rape cases: Can’t be swayed by emotions/media reporting: Court
Rape cases: Can’t be swayed by emotions/media reporting: Court
— By PTI, June 16, 2014 04:31 pm
New Delhi: Deprecating the hue and cry over acquittals in rape cases, a Delhi court has said that judiciary cannot be swayed by emotions or media reporting and has to limit itself to the ambit of law, testimonies of witnesses in deciding such cases.
“It would not be out of place to mention here that today there is a public outrage and a hue and cry is being raised everywhere that Courts are not convicting the rape accused.
“However, no man, accused of rape, can be convicted if the witnesses do not support the prosecution case or give quality evidence, as in the present case where the prosecutrix is hostile…
“It should not be ignored that the Court has to confine itself to the ambit of law and the contents of the file as well as the testimonies of the witnesses and is not to be swayed by emotions or reporting in the media,” Additional Sessions Judge Nivedita Anil Sharma said.
The court made the remarks while acquitting two Delhi residents Pawan Kumar Tyagi and Kailash Chand of the charges of rape, abduction and criminal intimidation after the alleged victim turned hostile.
Tyagi and Chand were arrested by the police in March last year on the basis of a complaint lodged by the girl in which she had alleged that Tyagi had repeteadly raped her on the pretext of marriage while Chand had outraged her modesty here last year.
However, during the trial, the girl retracted from her earlier statement given before the police and told the court that she had come in contact with one of the accused through social networking site and had developed physical relationship with him on her own consent.
She also told the judge that she had lodged the case at the instance of her well wishers.
“It is clear that the evidence of the prosecution is neither reliable nor believable and is not trustworthy and the prosecution has failed to establish outraging the modesty, abduction, rape and threat. The evidence of the prosecutrix makes it highly improbable that such an incident ever took place,” the court said.
Friday, June 13, 2014
'Bramhakumari' arrested for extorting Rs 7 lakh from elderly man by filing false rape case
P Naveen,TNN | Apr 12, 2014, 12.16 AM IST
BHOPAL: Madhya Pradesh police on Friday caught a woman and a lawyer for extorting a sum of Rs 7 lakh from an elderly man by allegedly threatening him to implicate him in a case of rape. This incident took place in Gwalior district on Friday evening.
The accused woman had joined the Bramhakumaris six years ago, after separating from her husband, said police adding that she had filed similar complaints against other people also.
They were arrested red-handed while collecting money from the man, they were threatening to implicate, said police.
Earlier this month, accused Rekha Rajak, 33, lodged a complaint with Mahila police station that she was raped by Ram Nivas Sharma, 69, head of Brahma Kumaris' ashram, resident of Thatipur area in Gwalior. She told police that she was exploited for long and then raped by the accused during her three-month stay at the ashram.
The extortion angle came up in the case when Sharma, who has been accused by the women of committing rape, lodged a counter complaint.
While police initiated investigations and booked Sharma, she offered a deal of Rs 7 lakh to Sharma to withdraw the complaint.
Sharma informed the matter to police and continued negotiations with the woman. Mayank recorded the telephonic conversation and handed it over to the police.
Unaware of the police complaint, the woman asked Sharma to deposit Rs 5 lakh in her bank account and hand over remaining amount to the lawyer.
"We have arrested the woman and her accomplice for registering a false case of rape against Sharma and collecting Rs 7 lakh extortion money," Gwalior SP Pramod Vermatold TOI.
Sum of Rs 5 lakh (with its series number given by Sharma) were recovered in the bank, Rs 2 lakh was seized from her accomplice, the SP added. Police claim she had made similar complaints against other people including her father-in-law.
"It seems that she has made false complaints in the past also. We are investigating it," said the SP.
Senior police officials claim that there had been several instances, especially in the Bundelkhand region of Madhya Pradesh, where women have misused the law as a "weapon for vengeance and vendetta".
"Many of the cases are being reported by those women who have consensual physical relationship with a man but when the relationship breaks due to one reason or the other, the women use the law as a weapon for vengeance and personal vendetta to extort money and sometimes even to force the man to get married to her," said a senior police officer quoting a remark by Delhi high court.
While granting anticipatory bail to a man facing rape charges filed by a woman claiming to be his wife in May 2013, Delhi high court had said that judges should "cautiously examine the intentions of the girl to find out whether the rape complaint is genuine or has malafide motives".
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