Belated Rape: A Legal Afterthought.
It is about being urban, it is
about Delhi Rape, Some days back I saw a frustrated lot on a TV NEWS Channel accompanied
with an emotional and overboard lot discussing the RAPE situation in India. A
learned host said that the percentage of conviction rate was very low and he
was echoed by one actress of yesteryears by telling the conviction has to go
HIGH. This situation seemed semi-knowledged or
Ignorant of a wider view (or maybe these people were ordered to say so) and therefore very
catastrophic for the implementation and introduction of law in future.
If i
have to express in a total layman’s language, the conviction % can go higher
with numbers of false complains going down. The same can go down with a Strict
MISUSE CLAUSE which is absent. With a deterrent of misuse clause, false
complains will go down and only the real complains would be registered and based
on merits the conviction will take place thus improving the score. Now since
the base figure is low with absence of false cases registered, the dilution of
conviction percentage will not occur. All the talks till date has CONVENIENTLY
IGNORED the MISUSE and have highlighted the stats citing example of one gruesome
case. This is worrying, counterproductive and misleading.
Rape is not a praiseworthy act,
it deserves punishment. However IF RAPE is NOT committed but one of the partner
is later accused as RAPIST based on convertible (mis)interpretations, then
there is a serious flaw in the law.
Sex is a Human need. And both
Female and Male come under classification as humans. A consensual sex is a
consensual sex and not RAPE. Women too enjoy sex. While teenage boys refer to
porn, girls too read the erotics like Mills and Boons. It is all natural. Boys
chase girls and so do Girls stalk boys in all age groups with variance in
degrees.
The introduction of a stricter new
law is in demand with surrogate signatures in campaigns included and anger as
an undercurrent, where a male would face castration or death sentence and RAPE
would also get a one sided WIDER definition.
Whereas courts also give respect
to the choice of women to choose a partner post marriage (Manju’s case from
Rajasthan- who left her husband and chose to stay with her lover with
acceptance of court) and punishes only man in adultery.
Also there are cases where women
have filed impotency against husband citing physical dissatisfaction. It is
established that sex is an important element in lives of women too. The fear is
that in an overboard anger and excitement, one may create another law with a
Major Bug that might leave misuse open like a 498a-406, 125 or DV Act. This reminded
me of Sameer (Name Changed) who came with a similar case in SIF Meetings
Mumbai. He was not charged of RAPE but yes he was coaxed in to casual physical
relations by a lady slightly elder to him who then wanted him to pay her
monthly maintenance through court under DV Act.
With facts quoted in various
journals that Women in her mid 30’s enjoy the peak of her sexuality like a
teenage male. And the growing divorce rates along with living in and untabooing
of consensual sex in the same age group, the misuse of law by misinterpretation
cannot be ignored. Rape registered based on Conditional sex and backing out of false promise contributes to majority of the cases.
Just imagine when a lady just physically attracted to her male friend gets in to a safe unconditional casual sex (be it a one night stand
or regular sessions) and later pursues him to marry her, taking him by an unpleasant
surprise. On his obvious refusal she calls the intercourse in the past to be
RAPE, (it is actually a RAPE of her male friend as the conditions are later laid
down by her), had it been conditional before, the male would have never got in
to the relation at first place. Hence this is NOT RAPE, IT IS A WELL PLANNED OR
SPONTANEOUS AFTERTHOUGHT that legally favours woman, and traps the man.
I would call it as a BELATED RAPE
and a LEGAL AFTERTHOUGHT. This is a great weapon of choice that is left to the
women, to use it to leave it based on the opportunity.
She would enjoy sex with him but
keep her options open of marrying someone else with thicker pockets
“too”. If she finds a life partner then she
may keep the former as a F***Buddy or may just move on. But if she falls in
love with this FBuddy guy or gets NO one better than him, she may turn her no-strings-attached
offer in to a legal trap of afterthought by announcing the physical relations to
the common peers and now wanting to marry the man (ATM) or convert the
Consensual Sex as a RAPE as a failsafe method of making her relationship public
and legally pressuring the male. Mind You the emotionally overboard courtrooms
have suggested the lady’s statement as a GOSPEL TRUTH.
Afterthought is taken as a bad
idea in legal fraternity and often the arguments that fall under this category
are not considered. But here it is a failsafe insurance policy for the
perpetual powerful abla. As the demands are favouring to make the law strongly favour
to permit the convenient interpretation of converting of consensual sex to
RAPE.
It would be the biggest folly in waiting
to be committed in the history if such laws are passed. It is now realised that
even the Nisha Sharmas and her supporters can be charged of dowry demand case. Similarly the very people vehemently
wanting to talibanise the law may fall victim of its misuse in near future.
Like the SC Said i would agree. There
is no need to make the law stringent rather the implementation has to be
effective and i would add the law has to be Fool Proof.
Else, Watch out.
-Jinesh Zaveri.
posted by IndianHusbands | 9:00 PM
|
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