ABOUT WOMEN AND RAPE IN INDIA
If we read Mahabharatha (Anushasana
Parva) , Shiva Purana etc. of good old Hindu Scriptures and Christianity , Muslim Scriptures , Manu
Dharma Neethy etc. We will come to know about the disposition of women.
Keep your emotions away and read the
following ;this is an appeal from me :-
In ANUSHASANA PARVA of Maha Bharatha
Sec. XXXVIII and also in SHIVA MAHA PURANA -Uma Samhitha SEC.24, we find the
following narration :-
Dharma Puthra (Yudhishtira) asks
Bhishma as to why women are the root cause of all troubles and also as Omar
Quam put it as frail (frailty thy name is woman). Bheeshma Pithamaha says thus
: In this connection, he wanted to cite a conversation between the CELESTIAL
SEER NARADA and a most beautiful celestial Courtesan called PANCHACHUDA. In
ancient times after roaming all over the world Narada met the Apsara
Panchachuda who was acclaimed as most beautiful among the Apsaras. He asked her whether she would be able clear
a doubt which he had for which the Apsara replied that if the subject was known
to her she would reply. Then The Celestial Seer asked her after saying that he
would never ask a question which she did not understand and asked as to the
disposition of women. The Apsara said being a woman herself, it was difficult
for her to speak ill of women. However
since the Seer wanted to hear from her about the women she said that even a
lady who is born in a royal family with silver spoon in her mouth, endowed with
beauty , having many protectors, wanted to transgress the restrains put on
her. This is what stains the women.
Women are most sinful. They are the root cause of all faults. If they get an
oppurtunity they will even be ready to leave the husband who is very famous, very
wealthy, obedient to her and having very handsome features.
" This, O puissant one, is
a sinful disposition with us women, that, casting off modesty, we cultivate the
companionship of men of sinful habits and intentions. Women betray a liking for
those men who court them, who approach their presence, and who respectfully
serve them to even a slight extent. Through want of solicitation by persons of
the other sex, or fear of relatives, women, who are naturally impatient of all
restraints, do not transgress those that have been ordained for them, and
remain by the side of their husbands. There is none whom they are incapable of
admitting to their favors’. They never take into consideration the age of the
person they are prepared to favor, Ugly or handsome, if only the person happens
to belong to the opposite sex, women are ready to enjoy his companionship. That
women remain faithful to their lords is due not to their fear of sin, nor to
compassion, nor to wealth, nor to the affection that springs up in their hearts
for kinsmen and children. Women living in the bosom of respectable families
envy the condition of those members of their sex that are young and
well-adorned with jewels and gems and that lead a free life. Even those women
that are loved by their husbands and treated with great respect, are seen to
bestow their favors upon men that are hump-backed, that are blind, that are
idiots, or that are dwarfs. Women may be seen to like the companionship of even
those men that are destitute of the power of locomotion or those men that are
endued with great ugliness of features. O great Rishi, there is no man in this
world whom women may regard as unfit for companionship. Through inability to
obtain persons of the opposite sex, or fear of relatives, or fear of death and
imprisonment, women remain, of themselves, within the restraints prescribed for
them. They are exceedingly restless, for they always hanker after new
companions. In consequence of their nature being unintelligible, they are
incapable of being kept in obedience by affectionate treatment. Their
disposition is such that they are incapable of being restrained when bent upon
transgression. Verily, women are like the words uttered by the wise. Fire is
never satiated with fuel. Ocean can never be filled with the waters that rivers
bring unto him. The Destroyer is never satiated with slaying even all living
creatures. Similarly, women are never satiated with men. This, O celestial
Rishi, is another mystery connected with women. As soon as they see a man of
handsome and charming features, unfailing signs of desire appear on their
persons. They never show sufficient regard for even such husbands as accomplish
all their wishes, as always do what is agreeable to them and as protect them
from want and danger. Women never regard so highly even articles of enjoyment
in abundance or ornaments or other possessions of an agreeable kind as they do
the companionship of persons of the opposite sex. The destroyer, the deity of
wind, death, the nether legions, the equine mouth that roves through the ocean,
vomiting ceaseless flames of fire, the sharpness of the razor, virulent poison,
the snake, and Fire--all these exist in a state of union in women. That eternal
Brahman whence the five great elements have sprung into existence, whence the
Creator Brahma hath ordained the universe, and whence, indeed, men have sprung,
verily from the same eternal source have women sprung into existence. At that
time, again, O Narada, when women were created, these faults that I have
enumerated were planted in them! "
Now, women want equality
with men. I agree to this provided men
can give birth to a child-like women .
This is only possible by women. Women are like flowers. If they are not well looked after, they will
wither away. My grand-daughter was
asking me if men can go to liquor shops why not women?. I replied her that if men commit a wrong
thing, does it mean that you also should also do it ? Learn all good things
from men and shun all bad qualities. women are to be looked after by parents
till their marriage, and thereafter by their husbands and the children. In my younger age. I have not heard what is
RAPE. Now women attire themselves in
such a way that any-body will feel like raping them. This is not said by me but by an eminent
Chief Minister who is a Lady. Although women can control their passion, men are
weak in this area. That is why we here about
rape cases more than before.
Friends, now-a-days.
ladies are more educated in the sense they acquire degrees. But, I am of the view that education does not
mean acquiring degrees only. It also means that you are to acquire
knowledge. We tend to imitate the
westerners in dressing, while we have a culture of ourselves. Let us not forget it. I grew up in a joint
family having my grand father as the
head of the family. We grew together with our uncles , their wives and
children. Now that period is gone. We
ape the westerners and stay alone even forgetting our father and mother. When ladies were looked after by parents/husbands/children,
there is no chance for them to get raped. Further, there is more inter-action
between man and woman . This leads to love marriages. In this method women and men too leave their
husbands/wives and after some years as we remove our clothes, marry another
person. This was not heard in my younger
days. I married a girl who was selected
by my father and we lead a happy life till this time. Remember, I am nearing 82 years and my wife
is about 76 years of age. Now a vegetarian woman marries a non-vegetarian man simply because they fell in love in the beginning. Then both
get fed up and marry again, after divorce.
The first Indian Air Force Lady Pilot said that if you get married you
must marry a person from the same profession. I agree to this. But a lady is to
look after her children, their education, husband's needs etc. As said in the
good old Sanskrit by none elese than the GREAT KALIDASA " II कार्येषु दासी करणेषु मन्त्री, भोजेषु माता, शयनेषु रम्भा, रूपेषु लक्ष्मी, क्षमयेषु धरित्री, सत्कर्म नारी कुल धर्म पत्नी II ( kaaryeshu daasee, karaneshu
manthree, bhojeshu maatha, shayayaneshu rambha, Roopeshu lakshmee, kshamayeshu
dharithree, sathkarma naaree kula dharma pathnee ). If her job allowes her for all
the above attributes , I am agreeable for her taking up a job. Otherwise a wife
should not take up a job. I translate the above verse for those who do not know
Sanskrit. " any lady who works like a servant, advises her husband like a minister, feeds her husband and
children like a mother, Pleases her husband in bed like the heavenly beauty
Rambha, who is as beautiful as Goddess Lakshmi, Having patience like Mother
Earth, woman who has these six virtues is a good housewife." Of
course, all ladies cannot be beautiful but by their action they can be
beautiful. Having capabilities of motherhood a woman has certain
responsibilities which she should not forget.
I have seen in
Bangalore, there is heavy rush in hotels as there are many in this city both
males and females working in I.T. Companies. They do not like to cook delicious
food in their houses. We never used to
visit Hotels in our younger days when we go to work. The reason is, which I
feel, both men and women working in IT
companys get a fat salary unlike our times.
Again , this is a meeting place for
men and women, buth married and unmarried. If women are modest such
things will not happen. Modesty in women
keeps away the crimes of rape and other such offences. Why make Laws adaint
rape when women are not modest. A south
indian girl should attire herself as a South Indian and a North Indian girl
should attire herself as a north indian.
Everyday I here about rape in one place or other which never happened in
my time of youth.
South Indian Girls,
now-a-days, keep their hair loose without tying and walk out.
In good old days, I have not seen this.
The lock their hair and on the fore-head wear a Bindi between eye
brows. The present culture is a mixed
north indian and western culture. Even
my own grand daughter walks out in this way!. North Indian girls never wear
Bindi till they are married. Why copy
other culture which are not to be copied.
This leads to rape. I entreat to
girls not to copy any such culture which might be a cause for rape. It is better that they wear our traditional
dress.
RIGHT BRAIN
"Those with a
right-side dominant brain depend more on visual references for understanding
and are often times visual learners.
They are more emotional,
swayed by feelings, and are able to better understand and reflect on these
feelings. Furthermore, right-brained thinkers are very intuitive and curious
about the world.
Finally, as a down side,
they tend to be disorganized, lacking in time-management, and unable to
prioritize well.
LEFT BRAIN
The left brain is the
side that handles organization and logic.
Because of this, those
that have a dominant left side are also very organized; they process ideas in a
step-by-step, algorithmic way."
This is another cause of
Rape. Men express their feelings but
women can suppress their feeling. Women are good learners but it should not get
perverted. Learn good things and shun bad qualities. This is another cause why
Manu wrote his laws for women which I am giving here-in :
" Girls should be married as earlier as possible to prevent
love marriages and inter caste marriages. Vedic Scriptures orders Hindu Parents
to get their daughters married before they attain the age of 12 or puberty
(whichever is earlier).There is a great scientific reason behind this rule. If
you do some research you will get to know the facts and start to praise the
scriptures how scientific it is!."
" Hindus should not
study in Co-Ed schools and colleges which leads to inter-caste love marriages.
Varna Saankaryam is said as a great sin even in Srimath Bhagavath Gita!."
MANU DHARMA SHAASTRA
1. " The status of women as depicted in
the text has been interpreted as Hindu divine law. While defending Manusmriti as divine code of
conduct for all including women, apologists often quote the verse: “यत्र नार्यस्तु पूज्यन्ते, रमन्ते तत्र देवता [3/56] (where women are provided place of honor, gods are pleased and
reside there in that household),
It
is the nature of women to seduce men in this world; for that reason the wise
are never unguarded in the company of females.
2. “Avidvam samlam………..”
– 2/214. Women, true to their class character, are capable of leading astray
men in this world, not only a fool but even a learned and wise man. Both become
slaves of desire.
3. “Matra swastra ………..”
– 2/215. Wise people should avoid sitting alone with one’s mother, daughter or
sister. Since carnal desire is always strong, it can lead to temptation."
4.
“Naudwahay……………..” – 3/8. One should not marry women who has have reddish hair,
redundant parts of the body [such as six
fingers], one who is often sick, one without hair or having excessive hair and
one who has red eyes.
5.
“Nraksh vraksh ………..” – 3/9. One should not marry women whose names are similar
to constellations, trees, rivers, those
from a low caste, mountains, birds, snakes, slaves or those whose names
inspires terror.
6.
“Yasto na bhavet ….. …..” – 3/10. Wise men should not marry women who do not
have a brother and whose parents are not socially well known.
7.
“Uchayangh…………….” – 3/11. Wise men should marry only women who are free from
bodily defects, with beautiful names, grace/gait like an elephant, moderate
hair on the head and body, soft limbs and small teeth.
8.
“Shudr-aiv bharya………” – 3/12.Brahman men can marry Brahman, Kshatriya, Vaish
and even Shudra women but Shudra men can marry only Shudra women.
9.
“Na Brahman kshatriya..” – 3/14. Although Brahman, Kshatriya and Vaish men have
been allowed inter-caste marriages, even in distress they should not marry
Shudra women.
10.
“Heenjati striyam……..” – 3/15. When twice born [dwij=Brahman, Kshatriya and
Vaish] men in their folly marry low caste Shudra women, they are responsible
for the degradation of their whole family. Accordingly, their children adopt
all the demerits of the Shudra caste.
11.
“Shudram shaynam……” – 3/17. A Brahman who marries a Shudra woman, degrades
himself and his whole family ,becomes
morally degenerated , loses Brahman status and his children too attain status of shudra.
12.
“Daiv pitrya………………” – 3/18. The offerings made by such a person at the time of
established rituals are neither accepted by God nor by the departed soul;
guests also refuse to have meals with him and he is bound to go to hell after
death.
13.
“Chandalash ……………” – 3/240. Food offered and served to Brahman after Shradh
ritual should not be seen by a chandal, a pig, a cock,a dog, and a menstruating
women.
14.
“Na ashniyat…………….” – 4/43. A Brahman, true defender of his class, should not
have his meals in the company of his wife
and even avoid looking at her. Furthermore, he should not look towards
her when she is having her meals or when she sneezes/yawns.
15.
“Na ajyanti……………….” – 4/44. A Brahman in order to preserve his energy and
intellect, must not look at women who applies collyrium to her eyes, one who is
massaging her nude body or one who is delivering a child.
16.
“Mrshyanti…………….” – 4/217. One should not accept meals from a woman who has
extra marital relations; nor from a family exclusively dominated/managed by
women or a family whose 10 days of impurity because of death have not passed.
17.
“Balya va………………….” – 5/150. A female child, young woman or old woman is not
supposed to work independently even at her place of residence.
18.
“Balye pitorvashay…….” – 5/151. Girls are supposed to be in the custody of
their father when they are children, women must be under the custody of their
husband when married and under the custody of her son as widows. In no
circumstances is she allowed to assert herself independently.
19.
“Asheela kamvrto………” – 5/157. Men may be
lacking virtue, be sexual perverts, immoral and devoid of any good qualities,
and yet women must constantly worship and serve their husbands.
20.
“Na ast strinam………..” – 5/158. Women have no divine right to perform any
religious ritual, nor make vows or observe a fast. Her only duty is to obey and
please her husband and she will for that reason alone be exalted in heaven.
21.
“Kamam to………………” – 5/160. At her pleasure [after the death of her husband], let
her emaciate her body by living only on pure flowers, roots of vegetables and
fruits. She must not even mention the name of any other men after her husband
has died.
22.
“Vyabhacharay…………” – 5/167. Any women violating duty and code of conduct towards
her husband, is disgraced and becomes a patient of leprosy. After death, she
enters womb of Jackal.
23.
“Kanyam bhajanti……..” – 8/364. In case women enjoy sex with a man from a higher
caste, the act is not punishable. But on the contrary, if women enjoy sex with
lower caste men, she is to be punished and kept in isolation.
24.
“Utmam sevmansto…….” – 8/365. In case a man from a lower caste enjoys sex with
a woman from a higher caste, the person in question is to be awarded the death
sentence. And if a person satisfies his carnal desire with women of his own
caste, he should be asked to pay compensation to the women’s faith.
25.
“Ya to kanya…………….” – 8/369. In case a woman tears the membrane [hymen] of her
Vagina, she shall instantly have her head shaved or two fingers cut off and
made to ride on Donkey.
26.
“Bhartaram…………….” – 8/370. In case a women, proud of the greatness of her
excellence or her relatives, violates her duty towards her husband, the King
shall arrange to have her thrown before dogs at a public place.
27.
“Pita rakhshati……….” – 9/3. Since women are not capable of living
independently, she is to be kept under the custody of her father as child,
under her husband as a woman and under her son as widow.
28.
“Imam hi sarw………..” – 9/6. It is the duty of all husbands to exert total
control over their wives. Even physically weak husbands must strive to control
their wives.
29.
“Pati bharyam ……….” – 9/8. The husband, after the conception of his wife,
becomes the embryo and is born again of her. This explains why women are called
Jaya.
30.
“Panam durjan………” – 9/13. Consuming liquor, association with wicked persons,
separation from her husband, rambling around, sleeping for unreasonable hours
and dwelling -are six demerits of women.
31.
“Naita rupam……………” – 9/14. Such women are not loyal and have extra marital
relations with men without consideration for their age.
32.
“Poonshchalya…………” – 9/15. Because of their passion for men, immutable temper
and natural heartlessness, they are not loyal to their husbands.
33.
“Na asti strinam………” – 9/18. While performing namkarm and jatkarm, Vedic
mantras are not to be recited by women, because women are lacking in strength
and knowledge of Vedic texts. Women are impure and represent falsehood.
34.
“Devra…sapinda………” – 9/58. On failure to produce offspring with her husband,
she may obtain offspring by cohabitation with her brother-in-law [devar] or
with some other relative [sapinda] on her in-law’s side.
35.
“Vidwayam…………….” – 9/60. He who is appointed to cohabit with a widow shall
approach her at night, be anointed with
clarified butter and silently beget one son, but by no means a second one.
36.
“Yatha vidy……………..” – 9/70. In accordance with established law, the
sister-in-law [bhabhi] must be clad in white garments; with pure intent her
brother-in-law [devar] will cohabitate with her until she conceives.
37.
“Ati kramay……………” – 9/77. Any women who disobey orders of her lethargic,
alcoholic and diseased husband shall be deserted for three months and be deprived
of her ornaments.
38.
“Vandyashtamay…….” – 9/80. A barren wife may be superseded in the 8th year; she
whose children die may be superseded in the 10th year and she who bears only
daughters may be superseded in the 11th year;
but she who is quarrelsome may be superseded without delay.
39.
“Trinsha……………….” – 9/93. In case of any problem in performing religious rites,
males between the age of 24 and 30 should marry a female between the age of 8
and 12.
40.
“Yambrahmansto…….” – 9/177. In case a Brahman man marries Shudra woman, their
son will be called ‘Parshav’ or ‘Shudra’ because his social existence is like a
dead body.
Friends, I request all
good ladies to go through the above and kindly take all good things and adhere
to it. You are capable of anayising it.
Recently I saw in News
Paper that a child of FIVE years was raped and killed by one or more males in
Bangalore ! I condemn such acts if done by any male member.
Even , killing a person for taking revenge cannot be tolerated. But alas
we cannot take any step legally without giving a chance to the offender. As per
law, we cannot punish a person unless the offence is proved beyond doubt. You
have to prove the offence beyond doubt to safeguard an innocent person. "
FAIRNESS IN THE JUSTICE SYSTEM IS NOT MUTUALLY EXCLUSIVE TO THE NOTION THAT WE,
AS A SOCIETY AND AS A MATTER OF PRACTICALITY, WOULD RATHER HAVE THE MAJORITY OF
GUILTY MEN IN PRISON EVEN IF IT MEANT A MINORITY OF INNOCENT MEN BEING WRONGLY
CONVICTED... the only difference is we want a balance, which is why the burden
is always on the prosecution, why there is assumed innocence, and why there are
heavy restrictions on the powers of police to investigate and search.....". The prosecution has to be equipped
sufficiently to prove a case whether it is rape or any other offence. However,
some changes are required in the RAPE LAW. Long back during my service in
JAMNAGAR, in Gujarat, I have seen ladies walking on the roads attired with full
Gold ornaments during dead night. Will
this practice exist now in India !.
Friends, I believe that
females are to be well looked after by men.
They are as precious as flowers,
Don't allow them too much freedom.
They must be free but not to commit foolish things. Let them have
freedom to analyze, which is good and which is bad for them. But there should
be checks and balances. I also believe “Women also have the right to life and
liberty; they also have the right to be respected and treated as equal
citizens. Their honor and dignity cannot be touched or violated. They also have
the right to lead an honorable and peaceful life”.
ABOUT INDIAN RAPE LAWS.
" Rape is a stigma
which exists in the society from a long time. The dictionary meaning of word
rape is “the ravishing or violation of a woman.” The rape victim i.e. a woman
as woman cannot commit rape due to biological reasons. She is traumatized after
the event; it is very difficult for a woman to come out of this trauma. Rape in
India is a cognizable offence. There are many provisions in various Acts. The
word rape is legally defined u/s 375 of Indian Penal Code, 1860. It defines the
rape and also prescribes its punishment. Whenever a man penetrates or does
sexual intercourse with a woman without her consent or will it amounts to rape.
Penetration here means that only a slightest of the touch of penis to vagina
amounts to rape, un-ruptured hymen of woman does not prove that rape was not
committed. There are exceptions to it also i.e. when a man does sexual
intercourse with his wife who is above 15 years of age. The rape law under
Indian Penal Code had gone through a lot of amendments. In 1983, amendment was
made and S. 376(2) i.e. Custodial rape, S. 376(A) i.e. marital rape & S.
376(B to D) i.e. Sexual Intercourse not amounting to rape were added.
U/s 228A of Indian Penal
Code, No person can disclose the name of the rape victim and if anybody
discloses the name, he shall be punished with either description for a term
which may extend to two years and shall also be liable for fine.
U/s 114-A of Indian
Evidence Act, presumption can be made as to the absence of consent in certain
prosecutions for rape.
U/s 53(1) of Code of
Criminal Procedure, When a person is arrested on a charge of committing an
offence of such a nature and alleged to have been committed under such
circumstances that there are reasonable grounds for believing that an
examination of his person will afford evidence as to the commission of an
offence, it shall be lawful for a registered medical practitioner, acting at
the request of a police officer not below the rank of sub-inspector, and for
any person acting in good faith in his aid and under his direction, to make
such an examination of the person arrested as is reasonably necessary in order
to ascertain the facts which may afford such evidence, and to use such force as
is reasonably necessary for that purpose.
U/s 164A of Code of
Criminal Procedure, provisions for medical examination of rape victim are
given.
U/s 327(2) of Code of
Criminal Procedure, there should be in camera trial for all rape victims.
The Judiciary in India
is burdened with a lot of work and therefore judgment of the rape cases comes
very late. Sometimes it comes so late that either of the parties had died. So,
there should be speedy trials in rape cases so that the victim gets justice as
it is rightly stated that “Justice delayed is justice denied.”
As every coin has two
sides, in this case also there are two sides. Many a times girls also make fake
complaints just to ruin the life of a boy, sometimes the parents of girl
compels her to file a complaint against the boy she loves, as the law shows a
lot of sympathy towards the girl. The accused is left with nothing, when the
complaint is made his life is ruined irrespective of the fact that he was
proved guilty or not. So, in my views there must come an amendment which
equalizes the burden of proof on both the sides and the law works smoothly. It
should be such that is contradicts the statement i.e. “Law is there for
vigilant.”
" Home Minister
Sushil Kumar Shinde has sought suggestions from political parties to give more
teeth to the existing laws on rape. However sources point out that along with
enhancing rape laws there is a proposal to better the police reforms. Vicky
Nanjappa reports.
"While the Delhi [
Images ] gangrape case would be the basis for the amendment to the laws, the
changes would be effected taking into consideration the hardship faced by women
right from the stage of filing a complaint.
Sources say while fast
tracking of cases and the speed of filing a chargesheet in such cases does not
require any amendment, as it is totally the prerogative of the court and the
police. However, it has been found that women police personnel are still not
treated on par with their male counterparts.
The ratio of rape
complaints and the women police personnel are not equal and it is also found
that women hesitate and refrain from filing a complaint before a male police
constable or officer.
The Criminal Law
Amendment Bill of 2012 has given sufficient scope to deal with cases of rape,
sources point out. However, what the Home ministry is trying to work out is
enhance the number of women police stations and also increase the women force
in the police department so that a victim feels more comfortable in giving a
complaint.
In addition, they would
direct the police to act more as counselors rather than policemen while dealing
with such cases. Studies have shown that at least 60 per cent of the cases go
unreported as the woman faces humiliation.
The inclusion of Counseling
Centers and more police women would ensure that cases are not hushed and a
majority of the incidents are reported to the police. The new reforms would
make it mandatory to have more than five all women police stations in each city
apart from having two in every district.
Every police station
would also be required to have at least one woman police constable of officer
on duty at all times.
Now the human rights
activists too have sought a say in the amendment to the new laws. Human Rights
Watch South Asia Director Meenakshi Ganguly says that there is a need to widen
the scope of sexual assault. Moreover, the existing laws are not used properly.
Police reforms are also necessary since a victim has to feel comfortable while
approaching a cop.
Legal experts say that
there is not really much that can be added to the existing provisions under the
Indian Penal Code. An option to introduce death penalty looks very remote as
there is a good chance of the law being misused.
The Criminal Law
Amendment Bill of 2012 gives a fair boost to the law and the more important
thing is that it ought to be implemented properly. The Bill seeks to amend the
Indian Penal Code and the Code of Criminal Procedure and also the Indian Evidence
Act.
Now, with the Home
ministry mooting more changes to the laws, these suggestions would be
implemented into the Bill and then passed. Under the existing amendment it is
stated that under Section 375 any person is said to commit a sexual assault if:
(a) penetrates, for a
sexual purpose, the vagina or anus or urethra or mouth of another person with—
(i) any part of the body
including the penis of such person; or
(ii) any object
manipulated by such person, except where such penetration is carried out for
proper hygienic or medical purposes;
(b) manipulates any part
of the body of another person so as to cause penetration of the vagina or anus
or urethra or mouth of such person by any part of the other person's body;
(c) engages in
'cunnilingus' or 'fellatio',
under the circumstances
falling under any of the following six descriptions:
Against the other
person's will.
Without the other
person's consent.
With the other person's
consent when such consent has been obtained by putting such other person or any
person in whom such other person is interested, in fear of death or of hurt.
When the person
assaulted is a female, with her consent, when the man knows that he is not her
husband and that her consent is given because she believes that he is another
man to whom she is or believes to be lawfully married.
With the consent of the
other person when, at the time of giving such consent, by reason of unsoundness
of mind or intoxication or the administration by that person personally or
through another of any stupefying or unwholesome substance, the other person is
unable to understand the nature and consequences of that action to which such
other person gives consent.
With or without the
other person's consent, when such other person is under 18 years of age.
Section 376:
Whoever commits sexual
assault shall be punished with a term not less than seven years, but may extend
to life. Legal experts say that this provision would not change much and the
sentence would depend on the gravity of the offence.
If death is caused then
the provisions of Section 302 will apply where there is a punishment for either
life or death. The amendment further states that where a person is subject to
sexual assault by one or more persons in furtherance of their common intention,
each of the persons in the group shall be deemed to have committed sexual
assault.
Amendment to the
Evidence Act:
In a prosecution for an
offence under section 376 or section 376A or section 376B of the Indian Penal
Code or for attempt to commit any such offence, where the question of consent
is in issue, evidence of the character of the victim or of his or her previous
sexual experience with any person shall not be relevant on the issue of such
consent or the quality of consent.
In a prosecution for
sexual assault where sexual intercourse by the accused is proved and the
question is whether it was without the consent of the other person alleged to
have been sexually assaulted and such other person states in that person's
evidence before the court that she or he did not consent, the court shall
presume that she or he did not consent.
The Law Commission of
India in its 172nd Report on 'Review of
Rape Laws' as well the National Commission for Women have recommended for
stringent punishment for the offence of rape.
The highlights of the
Bill include substituting sections 375, 376, 376A and 376B by replacing the
existing sections 375, 376, 376A, 376B, 376C and 376D of the Indian Penal Code,
1860, replacing the word 'rape' wherever it occurs by the words 'sexual assault',
to make the offence of sexual assault gender neutral, and also widening the
scope of the offence sexual assault.
The punishment for
sexual assault will be for a minimum of seven years which may extend to
imprisonment for life and also fine for aggravated sexual assault, i.e., by a
police officer within his jurisdiction or a public servant / manager or person
talking advantage of his position of authority etc.
The punishment will be
rigorous imprisonment which shall not be less than 10 years which may extend to
life imprisonment and also fine.
The age of consent has
been raised from 16 years to 18 years in sexual assault. However, it is
proposed that the sexual intercourse by a man with own wife being under 16
years of age is not sexual assault."
I suggest that in case
of RAPE instead of prosecution it must be the defendant to disprove the
allegation against him.
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