Our habits die hard, no matter what we do to change them. May be there are many habits that we want to change but for me the utmost important thing to change in Indians is to stop giving expert opinion about crime and law without any knowledge about the long term implications. One such issue happened recently with HangTheRapist campaign. Campaigners said when a rape is proven the rapist need to be hanged without understanding that not all rapes are like Nirbhaya. They also don’t understand that Nirbhaya case was a combination of many crimes not only rape and hence demanding death penalty because of cases like Nirbhaya exists is not right.
The Hindu has recently come up with a series of three articles to open the eyes of such people to show the different types of rape cases and their conviction mechanism. Even though they have taken only cases filed in Delhi as example but that is how rape cases are filed all over the country.
Image and news link courtesy – The Hindu
In the first article of this series, The Hindu showed how they have done the study. It is important to note what they said – “Of the cases fully tried, over 40% dealt with consensual sex, usually involving the elopement of a young couple and the girl’s parents subsequently charging the boy with rape. Another 25% dealt with “breach of promise to marry. Of the 162 remaining cases, men preying on young children in slums were the most common type of offence”.
Very important to note here is that sex on the premise of marriage is also rape as per definition. Hence all the young couples who elope for various reasons and then somehow they don’t get married all of them become vulnerable to be accused of rape. When we demand death penalty for rapists we ask for the death penalty for all these boys who have just made love and nothing else because as per legal definition all these are rape cases (marriage can be stopped for many reasons including social pressure from girl’s side).
This article says that – “In ten of these cases, the court agrees that the relationship was consensual and that the couple got ‘married’ but convicts the boy anyway as the girl was a minor.” – There is a high possibility that the boy would not know the age of the girl before making love. Many times girl herself will hide her true age. If we demand the death penalty for rapists even if they are juveniles then we are talking about hanging all these young boys because rape is proven.
Lawyer and activist Seema Mishra has to say – “If the girl is not sent to a shelter once she is picked up by the police, and instead sent home, you can be sure they will brainwash her and she will change her statement in court,” – So initially she may say she went with the boy on her will but under pressure from her parents, she may change her statement and say she was forced into an elopement. And then the boy will surely be convicted for rape. Per the HangTheRapist campaigners, all these boys need to be hanged because rape is proven.
Since sex on-premise of marriage cases being termed as rape per our law. Obviously, HangTheRapists campaigners don’t know this and they end up asking for the death penalty for all these boys simply because the marriage might have been denied.
India needs to understand that demanding extreme punishment for a crime without understanding the finer nuances of the crime is dangerous. When the punishment becomes severe the related criminal procedures become stringent, too. Like in the case of Nirbhaya Act there are many lines of defence taken away from the accused and now any man can be punished on the simple complaint. This is what happened due to sustained HangTheRapist campaign by different social groups and people including bloggers who do not understand any of these nuances.
If this bad habit of giving an expert opinion without any detailed knowledge of the crime is not stopped then our future generation will suffer extreme and dangerous life. We the crime researchers of India know these nuances and hence we prohibit everyone creating such hatred in the society. But in turn feminists and bloggers abuse us in the most filthy language. They don’t understand that they are in fact jeopardizing their own future and putting their own sons to life threat. It is thus important to immediately stop this bad habit to save our future generation from extreme legal terrorism.
Agree with you, Partha that we must be fully aware before making statements. It can be about any Topic.
Hope that the media gives the correct picture with all facets- that’s how most of us become aware…
You have combined the past IndiSpire Topic too here in your post 🙂
:)..yes because this kind of campaign by prominent bloggers is going to harm our future. Emotion do not work in time of drafting laws and executing punishments. Bloggers are thought leaders of the country and if they become irresponsible then they will only create a terrible future..
Of these cases where alleged rape by neighbours and acquaintances most of them are for revenge, settling scores and to commit legal looty , dacoity, roberry, land grabbing, extortion.Some are put on livins too.And as far as the alleged rape by family member, it could be on own husband after having sex.or on own devar as bhabhi devar adultery is not uncommon.And as far as others are concerned , it could be consensual sex between an 18 yr old guy and a girl who is just under 18.
Also even the original anti rape law used to punish guys for having sex with a girl who might be below 16 yrs for rape even though he did not rape her.Let us use logic here , Mahatma Gandhi married hiswife at an age of 13 yrs and also his wife was of the same age and she hit puberty back then.But according to anti rape law Gandhiji was also a rapist.And also the legal age for marrying is 18 for girl and for guy its 21 yrs .This shows that girls mature atleast 3 yrs earlier than boys.So as boy is considered major at 18 yrs , the girl can be considered to discern between right or wrong at 15 yrs.Nonethless , let me proceed further with my stance.Girls , as soon as they hit puberty they develop sexual feelings , and develop periods and their mothers verily inform them what it is about and also tell them about pregnancy in case of sex.They definitely give them basic knowledge unlike boys who get it by other means.Also , the present age girls are sexually active, experimental and are readily made available with nudity and sexual content on tv and Internet and pcs. At a time when young teenage actresses are blooming in modelling and acting industry and where the concept of one night stands, pre matital sex, ,fornication with euphemistic word livin, adultery and also girls whoare willingly taking call girl profession for luxurious and lavish lifestyle and also some rich ladies seeking sexual favours from call boys, promoting slut walks, treating them equilant to children or worse like infants when consensual sex amazes me.Therefore the nirbhaya law should be scrapped and a gender neutral rape law which only punishes forced non consensual sex should be passed. Also , only impregnating a girl who is less than 15 yrs of age through consensual sex should be punished as attempt to rape and rape is rape and consensual sex is consensual.Remember kids these days are more sexually active than adults .The law makers are making laws with mindset of 2009BC.
And also I want the people to imagine Nirbhaya incident and also the incident which I am going to narrate .Imagine a bar or a night club.Imagine somebody of age 24 year old female with micro mini skirts and bare tummy and also who is drunk and who is smoking and dancing wildly and also who happens to be a porn star.Some young guy is drunk and also sufferring from hyper sexuality disorder.So now he forces himself on her and has non consensual sex to the point that he just managed to enter her slightly but was immediately overpowered by the woman .Now according to supreme court it is RAPE.And the media immediately runs the news “A 24 year old girl brutally , violently and inhumanely raped” .And immediately you imagine Nirbhaya as you have been hypnotised to death by tabloid media.And you demand immediately to murder him mercilessly though the accused may be asking forgiveness and cut , slit the reproductive organ of the lad or worse due to mob justice he may even be put on gallows and snuffed the life out of him as he writhes in pain and breathelesness on the gallows with his head covered as you guys celebrate.
The related procedures do not become stringent.They become inhumane and draconian.
I agree that we should not offer our half-baked knowledge as ‘expert opinion’. This is happening a lot these days in the discussion on rapes by juveniles.
Unfortunately, many people have a knee-jerk reaction to rape: hang, castrate, etc.. Very few people have a genuine desire to remove or reduce the problem from the root.
true..but there is also a rape hysteria is being created by foreign powers using our media. Indians are very emotional and concerned about safety of women around them. That is why they ask for that. Only thing is that they don’t know the nuances of the law or what RAPE actually means today, but still they give expert opinion. Check my article on HangTheRapist article posted earlier, you will see a lot of bloggers giving weird reasons and not trying to understand the reasoning. Everyone thinks Nirbhaya is a rape case, whereas it is a combination of multiple crimes and not a single crime. Being emotional and stubborn doesn;t help in legal matters.
Nobody under the Gods hot sun can remove rape, murder, kidnapping etc etc.Laws are framed to reduce crime.Not eliminate it.And the way to reduce it is reduce the scope for misuse , place systematic checks to prevent misuse and strictly punish and penalize those who misuse and first understand that all cases are not like Nirbhaya and Nirbhaya is at its core a completely non sexual assault or battery on both Nirbhaya and her lover.
And also people think going to jail is a joke.Just imagine you are locked from outside your own house for 7 full days and theres nobody around you to hear your cries and pleas .You will definitely get a dreadful feeling and suffocate and may into depression. NowIimagine a person locked inside four walls of a prison for 5070 days all the while regretting that he might not have had sex without permission of the girl over and over again and despite that he has to stay in the room for all the time and also remember this room is the most dirtiest room where cockroaches , rats happily run to and fro and where the food has to be consumed in the same room where there is lavetory which does not have a cover and where the rice is of the lowest quality and where some insects are present in the food and where you have to sleep in the very place of your toilet.And also imagine you have to pay a hefty penalty even though you have no money and literally you yourself are stuck in debts.And also imagine where you will not be able to see any of your kids , family, friends, relatives neither you would have a cell to connect to others. And where you will have to afford only one type of stinky clothes all the while .And even after you are released from the prison after enduring the punishment, your name will be recorded in crime records and even though you are accompletely transfomed man you cannot get a proper job due to back ground check for criminal background and you have to live with the stigma of a rapist and therefore being looked upon by thepeople as the worst created creature on the face of the earth as long as you live and live most probably a lonely life as nobody would give their daughter’s hand in marriage to a rapist and therefore die a lonely death in his old age .This is called rigorous imprisonment people.So stop treating going to jail as going to paradise on earth.
Also it is highly necessary to filter the false cases as most of the polices’ s time, law enforcement agencies time , the public prosecuters time,the judges time and huge resources are used for these cases whereas those pious and virtuous women to whom their piety and modesty is everything and who have been REALLY and TRULY violently and brutally raped repeatedly over a period oftime due to illegal detention and left on the streets by thugs and gangsters are delayed justice for a looooong period of time and therefore these people have little to no hope of relief.