Dear Sri Sangom Ji, Sir,
My response in 'blue' below.
But, before that, let me say this. There is a big difference between our thinking. I think that a government's job is not to moralize, and intrude in to an adult's bedroom. but to protect and solve any social ills. You like a top down iron hand approach. I am for individual freedom and choice, because I believe that people will ultimately make the right decisions for themselves, where as you seem to think they will go astray with individual freedom. I can give other examples, but for now, this will suffice and my response below should be viewed with this in mind.
Regards,
KRS
Dear Shri KRS,
I agree that our views are radically different. Which of us is correct, even the future may not tell or reveal, because rape is a crime that will exist as long as man and woman exist. In my view, rape is just a modification of sexual intercourse and that was why, at the last moment, the cabinet committee in India decided not to include "marital rape" in their newly proposed law. Kindly discuss these points with some Indian lawyer because US might have progressed on to some new level of thinking on rape as a crime.
Now, coming to your remarks :
If murder is a social problem, then, yes this is also. But how does the society take care of murder? After the fact, they punish the perpetrator. No society, that I know of, would say that the dead victim is also a part of the murder problem, if only that victim was not there, did not raise the anger of the murderer, he/she would not have been murdered! As I have said many times on this topic, any number of research show that rape is a violent crime, almost always perpetrated as a byproduct of control and hate. Sex has nothing to do with it. Show me one research study that says that it is. I will reconsider my position.
AFAIK, Indian law and case law makes allowance for the circumstances of a murder. If the court is satisfied that the murderer had been "provoked" by the victim or others to commit the crime in a moment of fury, the punishment awarded is light; in any case, death sentence for murder is not at all there and it has become difficult to find hangmen in many states.
It is therefore not completely correct to have the impression that the actions of the murder victim have absolutely no bearing on the judgment of the crime.
Shri Govinda has since furnished a new study or report which differs radically from the hate/control>rape theory. If the hate theory is true then misogynists will be potential rapists; but do we have any study to corroborate this? Rape is lust overflowing, blindly, without human control, according to me. All these new-fangled theories like hate/control etc., are designed so as to subserve the aims of the women's libbers. Some menfolk who are commonly called "joLLu pErvazhi" in Tamil, find extreme happiness in catering to women (of any age) and their every whims and fancies; such studies and findings are probably products of such men.
Again, women are the victims here. They 'do not ask' for it. The rapist controls the situation, not them. Please, show me any study that justifies your thesis that women are responsible. This is your opinion, not borne out by research data.
"Studies", as I said earlier aremost usually, fabricated with an agenda. India is not yet good in it. But even in the 'suryanelli' rape case - in which the Dy. Chairman of the Rajya Sabha
, the judge who delivered the judgment has stuck to his views (that the past conduct of the girl is material evidence - according to Indian criminal law; except V.R. Krishna Iyer - an opportunist who allowed the infamous 'emergency' - no other legal personality has so far found fault with him.) So, if our discussions here in this Forum are with reference to Indian law and jurisprudence of today, the role of the rape victim will continue to form material evidence in rape cases for the judge to arrive at the quantum of punishment - not to deny the rape happening. Hence the women who are raped are also important in so far as rape cases in India are concerned.
May be US has different views but it is not correct to judge India from the narrow "US alone counts" pov.
All over the world, in male dominated institutions where both men and women work side by side, and where the men hold power, sexual harassment and rapes occur. There are numerous cases around the world, including India. Lots of times, women are afraid to talk about this, but it is the truth. At least in USA, they are shining a bright light on this institutional problem. Your assumption here that US Armed Services are recruiting 'rapists' is off base.
I was also not making a direct statement. The very fact that men across the board - in the army, institutions, organizations, in the streets, casinos, bars and so on, virtually men of every kind and type and financial, social, cultural, educational standards - do become rapists will mean that this is not a "deviant" male symptom as is sought to be made out by those "studies" of rapes, but it is a male trait in general, according to me. But I can well realize the predicament for some "honourable men" in accepting this simple truth today. Our forefathers knew this (and this is supported by stories in the Puranas too) and hence laid down the rules for modest dressing by women. Islam also did the same thing; possibly other ancient religions also had similar rules. Only the tribals in the amazon valley like the Yawalapiti allow (rather insist on) their females to be naked, but we have very little knowledge about their sexual mores and concept of rape etc. Hence, in all other social groups there is a concept of what constitutes "modest dress". The extreme individual liberty of "it is a woman's sole concern as to how she will dress" does not probably work in most societies; and it is not fair to impose the US standards on every one.
There is a big difference between the chance to exhibit own's own God given talents and becoming greedy; the former is assisted by the wealth of a nation and the latter is assisted by poverty and fear of wealth. 'Chee, Chee intha pazham pulikkum' syndrome.
I have said this before; it is no one's business on what a human being goes after legally, except for that human being. I have no problem if folks go after money, but personally I see that it does not suit my personality and values. That does not mean that those who do, should be barred from such activities.
This is not from my post under reply and I don't remember having written these words elsewhere. Kindly check and let me know. This looks completely out of the context - some copy/paste from somewhere else!
Well, how many women in your opinion, fall in to this category? Women letting themselves raped, so they can accuse the rapist without justification! Come on sir, you sound like a classic misogynist.
In regard to sec. 498 (a) of the IPC, dealing with dowry harassment, it is now fairly common knowledge in India that there is rampant misuse of it in India. Therefore, at least in countries like India, there is a strong possibility that some percentage of the reported rape complaints could be "trapped" victims being charged as rapists, I believe. And, unlike sec 498 (a), the accused will have absolutely no defence if an intercourse has indeed been permitted and the medical evidence is there.
In some of the widely publicised rape cases in Kerala, I have heard from reliable sources that first a "willing" girl/young woman is set up, sexual intercourse is performed by the coterie, and then they find out possible "targets" - men from different walks of life who were present in the area where the girl/young woman was staying on the particular day and then a final list of so many people who had raped this girl/young woman is prepared as part of the "mahassar". Hence, nothing is beyond possibility. But it may appear as misogyny to you, because you do not know the ground reality in India.
No one is saying that women should not dress according to local standards. And most of them do, on their own volition, for their own safety. What they do not want is some men with wrong notions telling them what to wear within legal limits.
I think either men or women or both should have a say in what can be worn. We are not setting any legal limits here and you know well, we don't have the powers to do so. What we are saying is advice and caution.
I have two fundamental issues with your assumptions:
1. That women invite rape by their dress - all the research I have seen refutes this.
2. Apart from defining what decency is for both men and women - as long as they both dress within that legal standard, I think it is an individual choice and more importantly a personal one.
1. I do not believe in the 'researches'; kindly see the paper furnished by Shri Govinda. I believe women increase the possibility of rape by means of their dress.
2. I don't think there is any clear legal definition of "indecent exposure" in Indian Law. (If there is, knowledgeable members may kindly write.) Hence, it will be dependent upon the local society's common standards and perception. Policemen do arrest many people suspected to be prostitutes, in Mumbai, for indecent behaviour/exposure because this is such a vaguely (un) defined term in the Bombay Police Act, 1951.
When there is no legal standard it becomes all the more necessary to conform to locally acceptable/tolerable standard and not go by the "individual liberty without limit" concept.