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IPC Section 498-A: Misuse

Dedicated to the Victimised Indian Families, Who are falsely threatened & Blackmailed by the Indian Daughters-In-Law & her family members, and those Victimised families who are already falsely charged under the Section 498A. Its all about False charges of Dowry Law, Domestic Violence, Alimony, Marriage and Divorce. NOTE: All articles are my personal copyright. They may be republished if the source is acknowledged and a link provided to this site. This is not an Anti-Women Blog. Read Disclaimer.

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Women go to the police with a complaint (may be false), but the system provides to record that as a criminal complaint and that data adds in to the National Statistics of Crime Against Women. When male goes with a genuine complaint the police at max can record a Non Cognizable offence against the women. That will never reflect in the statistics. Then how will one guage crime against men? Every 100 Suicides in India have 63 Males and 37 Females. Every 100 male suicides have 45 married males, and every 100 women suicides have 25 married Women. Married women suicides have default arrests of the inlaws under presumed dowry death. Married men suicides entitle wife for a 50% share in property. What kind of equality is this? I thank you for visiting my blog, Please visit again. And I welcome you to participate on my Blog. [indianhusbands (at-the-rate) yahoo (dot) com]. Click here for Main Page

Sunday, January 13, 2013

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.

14 Comments:

Blogger satish kumar said...

excellent write Jinesh. This should reach many ppl and most importantly lawmakers whose thought process needs to be stimulated instead of making laws in unidirectional ways and in haste and as a knee-jerk reaction to isolated unfortunate event.

-- Sathya

Sun Jan 13, 11:20:00 PM GMT+5:30  
Blogger Sarabjeet said...

Very Correctly written jinesh.. Females only are RAPED the ideology in the society and law makers itself is a short coming.. Males are also RAPED... There should open data and statistics released from all the states for the Rape cases filed and the conviction rate and the false cases filed / cases withdrawn.. The Current trend would alert the honest male to treat WOMEN as threat who can misuses law against him and his family...

Mon Jan 14, 04:04:00 AM GMT+5:30  
Blogger Swarup Sarkar said...

Wake up call for Indian Men: Be Ready for False/Fabricated Rape Case on you!

Mon Jan 14, 10:22:00 AM GMT+5:30  
Blogger Partha said...

Only one solution...as Vinayak ji said sometime back..."Leave Women alone...Completely Alone"

Mon Jan 14, 02:13:00 PM GMT+5:30  
Blogger Partha said...

Only one solution..."Leave women alone!! Completely Alone!!

Mon Jan 14, 02:14:00 PM GMT+5:30  
Blogger Indian Man said...

A man falsely accused of Rape is the man Raped. The accuser should get the same punishment as in the normal course of law a rapist gets.

Mon Jan 14, 10:46:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Thanks Satish for your Valuable comments.

Mon Jan 14, 11:05:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Dear Sarabjeet, Thank You for your views. I agree with you.

Mon Jan 14, 11:39:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Swarupda, yes, we will keep on warning the Indian Men of the dangers. It is up to them, to mock and suffer later or to listen and be aware.

Mon Jan 14, 11:40:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Yes Partha I agree with your opinion and Vinayak's Views. Boycotting is a very successful weapon. more than that men would be very safe too.

Mon Jan 14, 11:41:00 PM GMT+5:30  
Blogger Jinesh Zaveri said...

Dear Indian Man, You are right in echoing the fact that male can be raped in more than one ways.

Mon Jan 14, 11:41:00 PM GMT+5:30  
Anonymous Anonymous said...

To me it looked like so so much of venom ... but then I also agree : Its the wearer who actually knows where the shoe pinches. M&B was rightly quoted though.
Keep treading righteously.

JaiSatChitAnand
CHEERS!

Thu Mar 07, 06:15:00 PM GMT+5:30  
Blogger Unknown said...

Rape is an desipicable act and deserves severest of punishment, this is True and denying the same is gross injustice and similarily Justice should Fair and Equal to all and it should not be served less or more depending on one's gender as Crime is not gender specific. Crime is Crime Only.
If Crime is to be punished then irrespective of gender let the said person face his/her consequences of one's own actions...

Sun Apr 21, 05:53:00 PM GMT+5:30  
Anonymous Anonymous said...

Horrendous laws by feminazis

Sat Dec 28, 11:42:00 PM GMT+5:30  

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