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Chained reactions - no freedom to women

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prasad1

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Going over the utterances of a string of well-placed personalities on the December 16 gang rape, one may wonder if the sound bites were collected from some cuckoo’s nest. Mohan Bhagwat, the RSS chief whose word is law in the BJP, pronounced that rape is unknown in “Bharat” but is rampant in “India”. BJP MLA in Rajasthan Banwari Lal Singhal went a step further in demanding a ban on skirts as school uniform to “keep girl students away from men’s lustful gaze”. Puducherry education minister T Thiagarajan matched Singhal’s sartorial innovativeness by prescribing a kind of “overcoat” for girl students, not to speak of banning mobile phones. A khap panchayat leader spotted the real culprit – chow mein. Eating of which, he said, prompted libidinous urges. Jamaat-e-Islami Hind secretary general Nusrat Ali demanded abolition of co-education schools, and a strict disciplining of girls’ hemlines. But the “top loony” award was reserved for Asaram Bapu, who alternates between a spiritual leader and land grabber; his famous advice to the victim of the bus rape was that she must share much of the blame since she ought to have held one of the rapists by hand and called him brother.
Does such a welter of asinine remarks cause doubt that the ‘sample’ is skewed? Maybe a smarter set of people would have sounded the right words, but there is little reason to disbelieve that the political class was so entirely blown out of the water by the spontaneity of the protest rallies that it ran out of ideas and ways to respond. When the President of India’s MP son described the protests as a congregation of “dented and painted” ladies, his linguistic limitations were accompanied by an outright bafflement. In Lutyens’ Delhi, the rape and murder was not news. The excited crowd was. It took the Prime Minister an entire week to respond. Home minister Sushil Kumar Shinde got irked by the suggestion that he might address the protesters: “If some Maoists hold a rally, am I required to meet them too?”


The confusion and irritation of the neta types tells its own story. In India’s heartland, rape is not really news and certainly not as much news as perennially outraged TV anchors imagine it to be. A simple calculation makes evident the extent of under-reporting of rape in India. In the US, the Department of Justice reported 191,670 victims of rape or sexual assault in the year 2005. India has a population nearly four times that of the US. So it is expected to report about 800,000 cases. But in 2008, the last year for which figures are available, there were just 21,464 cases of rape reported that were in keeping with the definition of the offence provided by the penal code (Sec 375 IPC). In a country where rape is a simultaneous show of authority and power, the figure could be many times more.


RSS chief Bhagwat, himself rooted in India’s feudal sub-soil, has also given voice to his patriarchal world view by saying that marriage is a contract in which husbands are to work outside and wives must take care of (read stay at) home. One of his followers in the Rajasthan BJP has now reminded his constituency of the canonical phrase ‘pati parmeshwar’ (husband is God), thus presenting Bhagwat’s “contract” in an even more unequal way.


All ancient societies were lenient when it came to rape, though scriptural works are full of homilies for women. Christianity and Islam have some qualified safeguards against the violation of married women but nothing to help prevent the widespread scale of non-consensual sex in India. According to Apastamba Dharma Sutra, the 400 BC code which governed Hindu society, there is a long list of relations in which cohabitation is forbidden but there is no mention of the ethicality of forcible sex or its lack. The Judeo-Christian world may have left its patriarchal past behind, but India hasn’t. Famously, many centuries coexist in India. The British, during their rule over India, seldom interfered with her social practices. But when they did, it was with an iron fist. There was no sati in British India after Bentinck abolished it in 1829. If India’s present rulers think that women demand more respect, they should set up ‘mahila courts’ in every block, and assemble a cadre of judges that is dedicated to the cause of women. Mere words won’t suffice.


Sumit Mitra is a Kolkata-based writerThe views expressed by the author are personal Hindustan_Times
 
I would like to see (if I am given long enough life) the reactions of the so-called pro-women men once we have marital rape as a criminal offence punishable with 10 years of jail !;)
 
I would like to see (if I am given long enough life) the reactions of the so-called pro-women men once we have marital rape as a criminal offence punishable with 10 years of jail !;)

Sangom Sir,

Please first define what you mean or say what you understand by the term marital rape so that the "so-called pro-women men" can give their views.

Cheers.
 
Marital rape is any unwanted sexual acts by a spouse or ex-spouse, committed without consent and/or against a person's will, obtained by force, or threat of force, intimidation, or when a person is unable to consent.
These sexual acts include intercourse, anal or oral sex, forced sexual behavior with other individuals, and other sexual activities that are considered by the victim as degrading, humiliating, painful, and unwanted.


It is also referred to as spousal rape, intimate rape, and wife rape.
 
I would like to see (if I am given long enough life) the reactions of the so-called pro-women men once we have marital rape as a criminal offence punishable with 10 years of jail !

Marital rape is considered a criminal offense in many countries including Argentina, Australia, Austria, Barbados, Belize, Bulgaria, Canada, Croatia, Cyprus, Denmark, Ecuador, England, the Fiji Islands, Finland, France, Georgia, Germany, Honduras, Hong Kong, India, Ireland, Israel, Macedonia, Mexico, Namibia, Nepal, The Netherlands, New Zealand, Norway, The Philippines, Poland, South Africa, Spain, Sri Lanka, Sweden, Taiwan, Trinidad/Tobago, the United States, Uzbekistan, and Zimbabwe. (Country Reports on Human Rights Practices released by the US State Department, Bureau of Democracy, Human Rights and Labor, were used to determine countries' legal status of marital rape.)
Cultural norms and the social stigma often attached to rape can and do discourage the reporting of marital rape. Prosecution of marital rape is very rare in many countries.
This perpetuates marital rape by conveying the message that such acts of aggression are somehow less reprehensible than other types of rape. Importantly, the existence of any spousal exemption indicates an acceptance of the archaic understanding that wives are the property of their husbands and that the marriage contract is still an entitlement to sex.
Marital rape is a crime under international law according to the UN General Assembly. Marital rape was specifically mentioned in the Beijing Declaration and Platform for Action.

Even then the burdon of proof is on the spouse, and not easy to prove.

Mr. Sangom,
I suppose your comment was directed at me.
I think I do live in such a society.
 
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Hey what about marital rape for guys?

What if a guy is forced by his wife to preform unnatural acts?

I feel both men and women should be protected by the law.

There is some grey area still when it comes to statutory rape.

What about a minor boy child?

What if a girl who is also a minor seduces him and sex takes place?

Why should the boy alone he held guilty?

Since we live in a world where we want equality for both..I feel even males need to be protected.

The government school my son goes to has big posters on the school's wall which has bold letters saying "Sex with any girl below the age of 16 even with her consent is considered rape".

I am glad government schools have taken the initiative to educate studenst about statutory rape so both boys and girls will understand the consequences.
 
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இக்கறைக்கு அக்கறை பச்சை

Just some samplings from wikipedia:

In the USA, Rep. Todd Akin, served as a Republican member of the House of Representatives for Missouri's 2nd congressional district from 2001 until 2013. He is a long-time anti-abortion activist.

On 7 August 2012, Akin successfully contested the Republican primary to become his party's nominee for the U.S. Senate elections in Missouri. Less than two weeks later, on August 19, Akin asserted that victims of what he termed "legitimate rape" rarely become pregnant. He made these remarks in an interview aired on the St. Louis television station KTVI-TV when asked whether women who are raped and become pregnant should have the option of abortion. He replied:

Well you know, people always want to try to make that as one of those things, well how do you, how do you slice this particularly tough sort of ethical question. First of all, from what I understand from doctors, that’s really rare. If it’s a legitimate rape, the female body has ways to try to shut that whole thing down. But let’s assume that may be that didn’t work or something. I think there should be some punishment, but the punishment ought to be on the rapist and not attacking the child

When he stood for reelection, he was defeated.
----------------------------------------------------------------------
On October 23rd, 2012,about two months after Todd Akin's comments, Richard Mourdock, the Indiana State Treasurer and 2012 Republican Senate candidate, stated that pregnancy from rape was "something god intended". While explaining his opposition to abortion, even in the case of rape, he stated:

I know there are some who disagree and I respect their point of view but I believe that life begins at conception. The only exception I have to have an abortion is in that case of the life of the mother….. Life is(a) gift from God that I think even if life begins in that horrible situation of rape, that it is something that God intended to happen.

He later said at a press conference, "I believe God controls the universe. I don't believe biology works in an uncontrolled fashion."

Mourdock lost reelection.
-----------------------------------------------------------------------
Iowa Republican congressman Steve King supported Akin for his comments on "legitimate rape". He said in a television interview that he had never personally heard about anyone getting pregnant from statutory rape or incest.
----------------------------------------------------------------------
From Wikipedia
 
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Dear Renuka,

Hey what about marital rape for guys?
What if a guy is forced by his wife to preform unnatural acts?
I feel both men and women should be protected by the law.
There is some grey area still when it comes to statutory rape.
What about a minor boy child?
What if a girl who is also a minor seduces him and sex takes place?
Why should the boy alone he held guilty?
Since we live in a world where we want equality for both..I feel even males need to be protected.
The government school my son goes to has big posters on the school's wall which has bold letters saying "Sex with any girl below the age of 16 even with her consent is considered rape".
I am glad government schools have taken the initiative to educate studenst about statutory rape so both boys and girls will understand the consequences.

You have said what I was about to say. If the law of a country is common for all citizens there can not be any gender bias when it comes to rape alone. That is why rape needs a proper definition. Or is it the case of our members here that a woman is incapable of forcing sex? I think the whole issue can be sorted out if we segregate the physical intercourse from violence that sometimes accompanies it. If violence is involved and one of the two parties objects to it (even post facto)then it should be considered a rape. As long as there is no violence (which has to be proved beyond doubt) there can not be a case for rape. Intercourse is a natural sexual act and it can not be made the cause for punishing one just because one of the parties changes her/his mind after the act and claims victim-hood. Age at which consensual sex can take place and can be recognized as such in law may vary from culture to culture, tribe to tribe and clan to clan. Despite popular outcry against a stray barbaric violent rape incident , the matter would need careful consideration before a law is enacted, as other wise we will all be making an ass of ourselves.

Cheers.
 
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Mr. Sangom,
I suppose your comment was directed at me.
I think I do live in such a society.

Dear Shri Prasad,

Not at all. I had in mind the very many male writers in India especially, who go on writing so much in favour of women's liberty. I personally think male species is more dumb than the females and these fellows have been unable to see how sec. 498 (a) of I. P.C. has been so rampantly misused that even the Supreme Court says 85% of such cases are fabricated and are a form of female terrorism due to which many innocent families have simply perished, so to say!!
 
Dear Renuka,



You have said what I was about to say. If the law of a country is common for all citizens there can not be any gender bias when it comes to rape alone. That is why rape needs a proper definition. Or is it the case of our members here that a woman is incapable of forcing sex? I think the whole issue can be sorted out if we segregate the physical intercourse from violence that sometimes accompanies it. If violence is involved and one of the two parties objects to it (even post facto)then it should be considered a rape. As long as there is no violence (which has to be proved beyond doubt) there can not be a case for rape. Intercourse is a natural sexual act and it can not be made the cause for punishing one just because one of the parties changes her/his mind after the act and claims victim-hood. Age at which consensual sex can take place and can be recognized as such in law may vary from culture to culture, tribe to tribe and clan to clan. Despite popular outcry against a stray barbaric violent rape incident , the matter would need careful consideration before a law is enacted, as other wise we will all be making an ass of ourselves.

Cheers.


This is not a response to or rebuttal of what Shri raju has written above but can be considered to be in continuation thereof, since we have started writing more freely and openly on this topic.

AFAI understand, marital rape will mean any carnal knowledge of the wife without her consent and against her will. These two terms are so broad in their meanings and interpretations by courts that no ordinary person can be sure when the wife participates in the sexual act out of her own will and whether with her consent only it is done, and that she will not be able to change her stand subsequent to the event. The proposals as we read from the media is that the wife's statement will be accepted as true without question.

Shri raju makes the statement that "Intercourse is a natural sexual act", but with my limited worldly knowledge I feel this statement applies mostly to males and not necessarily to females. But I concede I may be wrong. Our traditional pov about sex has been based on this very same central argument. But I feel the emerging legislations will make this notion irrelevant. Sex or sexual intercourse will no longer be "a natural act" but a conscious act with irrefutable evidence of consent and freewill of both parties to the act; more, the evidence must be such that the wife (in a marital rape case) should not be in a position to claim marital rape, after the event. Otherwise there is great scope for misuse of the law just as it has happened with IPC 498 (a).

These are some of the aspects which members may like to discuss further and enlighten others.
 
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Dear Renuka,



You have said what I was about to say. If the law of a country is common for all citizens there can not be any gender bias when it comes to rape alone. That is why rape needs a proper definition. Or is it the case of our members here that a woman is incapable of forcing sex? I think the whole issue can be sorted out if we segregate the physical intercourse from violence that sometimes accompanies it. If violence is involved and one of the two parties objects to it (even post facto)then it should be considered a rape. As long as there is no violence (which has to be proved beyond doubt) there can not be a case for rape. Intercourse is a natural sexual act and it can not be made the cause for punishing one just because one of the parties changes her/his mind after the act and claims victim-hood. Age at which consensual sex can take place and can be recognized as such in law may vary from culture to culture, tribe to tribe and clan to clan. Despite popular outcry against a stray barbaric violent rape incident , the matter would need careful consideration before a law is enacted, as other wise we will all be making an ass of ourselves.

Cheers.

Dear Suraju ji,

I agree with what you have written...I will narrate some incidences of misuse of the term Rape.

When I was working in the government service enough times we would be called to examined "so called" rape victims.

Once there was a case where a girl was living in with her boyfriend and she said she was raped by him.
She told me that on Monday she had sex with him with consent..on Wednesday she was feeling tired and did not want to have sex and but her boyfriend managed to make her "agree" to have sex.

On Thursday she said she had sex with consent.

So I asked her when did he rape you?

She said on Wednesday!
Cos she said she was not really wanting to have sex but he managed to convince her!

So you see later I got to know that the girls parents found out that she was staying with her boyfriend and the girl claimed she was raped on Wednesday.

Then many girls misuse "rape" terminology when they break up with their boyfriends.
I have even seen a case of a widow with 3 kids who claimed to have been raped cos her boyfriend did not want to marry her.


Ok..to anyone reading this out here..I am not anti woman cos I am a woman myself..but I would not like to see anyone man or woman misusing law for their own benefit.

These are the types of cases that make the true violent rape cases not be taken seriously and blam be put purely on the victim.

In this world not every girl is an angel and not every man is a potential rapist.
 
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