Wednesday, March 6, 2013

How few radical womens groups hijack the democratic law making process

Women in India have enjoyed the protection of their male counterparts from times immemorial. Men in India are expected to give their lives to protect their sisters, daughters , wives and also unknown women . Hardly any woman has died fighting for the country. Only in this one area men have been allowed the  exclusive privilege for dying in the name of protecting women , society and motherland even as women have lobbied for reservations in more secure and comfortable positions in government and the private sector.   Not only are women in India protected by men they have been provided unconstitutional immunity of prosecution from many heinous crimes. Crimes of Domestic Violence, Spousal abuse, Sexual harassment and Rape. Even though the data shows that over 65000 husbands are driven to suicide due to spousal abuse annually the government has so far not created a single gender law to safeguard the rights of men in gender crimes. As a result of this not only do women commit these offences with complete disdain they in turn accuse the male partner of that offence immediately thereafter. Consequently we see widespread misuse of IPC 498a , Rape and the DV act and not a single women  has even been punished for misusing these laws against her husband/boyfriend. Rape of Males and boys is a still a taboo subject owing the protector and provider roles that males are expected to don for women. Archaic laws, feminist media and pressure from women’s rights groups do not even allow a woman to be accused of Rape. As a consequence very news of Indian female sex offenders or female abusers ever comes out in the public domain.

Democratic Law making process in the Sexual Assault billLately the Government after looking at the changing dynamics of sexual orientation of the Indian citizenry decided to make the Rape a Gender neutral offence so that men also could be accorded protection from female sex offenders. The Legal luminaries of the Law commission of India after a lot deliberation and studying the changing sexual dynamics and sexual orientation of the Indians in its one Hundred and Seventy Second Report on Review of Rape Laws make a very progressive recommendation that the Rape be made a gender neutral offence.  The same legislation was then passed on a eminent parliamentary committee chaired by a the Honorable Shri Venkaiah Naidu from the BJP. The Committee considered the Bill in eight sittings held on 4th, 21st, 28th January, 4th, 11th, 18th , 21st and 26th February, 2013. The Chairman in the Committee's sitting held on 4th January, 2013 apprised the Committee about the reference of the Criminal Law (Amendment) Bill, 2012 and the Committee decided to issue a Press Release soliciting views of the individuals/organizations, women organizations on various provisions of the Bill. The Committee also decided to obtain the views of the State Governments/UT Administrations on the Bill. In response to the Press Release (Annexure-II) issued, the Committee received 492 memoranda out of which 402 memoranda signed by individuals were found to be identical. The extensive and exhaustive review of the committee can only be understood when one goes through their report entire report. After such an exhaustive exercise the committee recommended that men and boys are equally prevalent to rape and sexual assault and hence the crime is a gender neutral crime.

Derailing the democratic law making process by a handful women’s groups and female hooligans

Over the years India has witnessed the increasing opposition from a very small minority of women’s rights organizations against granting protection to men from crimes committed by women in gender relationships. Neither are this elected representative and neither do they have the people’s mandate to make laws. They however resort to female hooliganism on streets when needed. Crimes like Domestic violence, Intimate terror and Rape are offenses which have been proved to have been committed by women on innumerable occasions and are recognized offences in the west. However in India these women’s organizations wage a ferocious war to deny men any protection from these heinous offences. The suggestions provided by the handful of aggressive women’s groups in all laws clearly include statutory language by addressing the accused as a universal, “HIM” and the complainant as a universal, “SHE”. This is nothing less than a CRIME AGAINST HUMANITY. In the sexual assault case these handful of nondescript and unimportant women’s groups are now waging a war not to accord equal rights to men.[1] The government instead of strongly condemning such short sighted and narrow minded approach to law making and the blacklisting of such organizations in most cases chooses to fold and reverse the entire law making process under pressure from such groups. In this case the under pressure from these women’s groups the lameduck UPA2  chose to change the whole definition of rape from a gender neutral offence to an older regressive gender biased offence making the man has the universal accused at the very last moment against the recommendations of the Law Commission and the Venkaiah Naidu committee.[2]

Please stop the law making Tamsaha !!

If ultimately the feminists are to prevail what is the need for democratic  institutions like the law commission of India and the need to create committees to study the opinion of the citizenry. The govt can as well make the head the feminist groups the law maker of the nation and stop all this eye wash of democratic law making that it plays every time. The present situation leads to extreme suspicion that these groups have incriminating material with them by which they blackmail the entire government into submission thereby derailing the entire democratic law making process.

The prevalence of Female Sex Offenders

Rarely a day do goes by when we do not hear of a female teacher bring arrested for criminally chargeable sexual conduct with her teenage male students. Rapes of drunk or unconscious males by individual women or gang of women is also very commonly reported in the west. Female sex offenders are increasing at a very rapid rate in the west and some studies count them as high as close to 50% of the total volume of sex offenders.

The United States Department of Justice which found a rate of 8.3% for “Other sexual offenses” for females and The Australia Bureau of Statistics found a rate of 7.9% for “Sexual assault and related offences” for females.

In a study of 17,337 survivors of childhood sexual abuse, 23% had a female-only perpetrator and 22% had both male and female perpetrators.[3].

The National center for child abuse and neglect in the US states that the sexual abuse of children by women, primarily constituted 25% (approximately 36 000 children) of the sexually abused victims. This statistic is thought to be underestimated due to the tendency of non-disclosure by victims.[4]

According to a major 2004 study commissioned by the U.S. Department of Education - In studies that ask students about offenders, sex differences are less than in adult reports. The 2000 AAUW data indicate that 42.4 percent of all students report a female offender .

Some have even suggested as many as 63% of sex abusers may be female. (Source: Schwartz, B. K., & Cellini, S. R. (1995). Female sex offenders. [5]

According to a 2011 US Center for Disease Control report there are an estimated 4,403,010 female victims of sexual violence that had a female only perpetrator. (Source: The National Intimate Partner and Sexual Violence Survey) [6]

Sadly in India archaic laws, feminist media and pressure from women’s rights groups do not even allow a woman to be accused of Rape. As a consequence little very news of Indian female sex offenders comes out in the public domain.

Rape and Sexual Assault of Males is a recognized crime in the west already

Britain has already made Sexual Assault law Gender Neutral way back in 2003. The “Stern Review” published by the Government Equality Office in 2003 was a landmark study of Sexual Assault in the United Kingdom. It greatly widened the scope of sexual assault and also broke many perpetual myths around rape till date. The Stern review also dedicated a separate section for calling out the rising offence of rape against men. Below we quote some landmark observations of the Stern Review.

a.     “Women , Men and  Children and people of all ages and all social groups can be rape victims”

b.      “Around eight per cent of recorded rape cases are rape of a man. Men find it very difficult to talk about what has happened to them because of the common view that a man should be able to fight off an attacker.”

c.      “The Metropolitan Police Service has a leaflet on its website for male rape victims which set out the problems that men reporting rape can face. We welcome this initiative, which should give more men the confidence to report what has happened to them to the police.”

Male victims of sexual assault – information on a hidden crime
Is it different for a man?
Since 1994 the law has recognised the rape of men as a criminal offence. There is much myth around the sexual assault of men, which leads to many misunderstandings about the crime and the victims it affects. This has consequences in the way that men see themselves as victims of sexual crimes, and stops them from talking about what has happened to them and getting help.
Men experience similar feelings to women, such as shame, self blame and guilt. They may have extra issues to deal with, due to society’s belief that men should be able to protect themselves.

Rape is defined in the law of England and Wales. The law on rape was revised in 2003 after a long consultation process and the new Sexual Offences Act came into force on 1 May 2004. The Sexual Offences Act 2003 (the Act) says that rape occurs when someone ‘intentionally penetrates the vagina, anus or mouth of another person with his penis’, that the other person does not consent to the penetration, and the perpetrator ‘does not reasonably believe that the other person consents’.

False Rape claims and the Outrageous Indian logic of “Sex with promise of marriage amounts to Rape”

Epidemic of false rapes is not an India centric problem. Owing to the epidemic of false cases reported in the UK the Stern report also dedicated a separate chapter to the issue of false allegations of Rapes. The British Court of Appeal said that false allegations damage conviction rates of genuine rapes and are ‘terrifying’ for innocent victims. The penalties for making false allegations and persisting with them through the legal process in the UK can be commensurately severe. A complainant making false allegations is normally given a substantial prison sentence.

One outrageous and one of the most frequently cited reason of Rape in India are incidents where consensual sexual intercourse between two willing partners suddenly becomes rape, much later due to a fall out in the relationship and breakdown in marriage. In the 21st century where the gender orientations of young people are getting liberalized, this antiquated logic is still upheld by many courts and leads to a flurry of false rape cases when the jittered female partners file rape cases to get even with male partners. The Pune Police women’s cell in a 2010 survey of all rape cases in the city concluded that in 74 per cent of rapes since 2008 were actually consensual sex based on false promises of marriage.[7]

In the few weeks after the violent incidents in which a woman and her boyfriend were brutalized in a bus and the mob fury that followed, even the police were alarmed at the ferocious increase in the number  false rapes that were filed by women taking advantage of the sentiment of the nation. Below are just a few news excerpts from those few weeks of the Delhi aftermath  

  • Times of India 4/1/2013: “90% of rape cases in Kishanganj false: SP” [8]
  • Daily Pioneer 03/01/2013: “10 false rape cases in a week reported”[9]
  • Indian Express 05/01/2013:” Moga police takes action against woman who registered false rape case” [10]
  • Hindustan Times 31/01/2013: “Experts caution against rise in false cases”[11]
  • Punjab News Line 02/1/2013: “Police cautioned against hasty action on false sexual harassment complaints”

With such overwhelming evidence it cannot be denied that the overwhelming majority of rape cases pending in courts are either false or consensual sex converted to rape. The problem with entertaining rape cases with such outrageous and frivolous grounds is that is puts an enormous pressure on the overloaded and poorly equipped investigating machinery and most importantly moves scarce resources away from the genuine cases, which needs attention. Such misuse of gender allegations has also been observed in 498a and DV act the misuse of which was referred to as “Legal Terrorism” by the Hon Supreme Court.

Influence of print and electronic media into sexual assault cases must be strictly regulated

The so called “self-regulating” Indian media has been repeatedly warned by the honorable courts not act as judge jury and executioner in subjudice and sensitive gender cases. The Media however has have ignored all requests from various government agencies and have destroyed the reputation of many  falsely accused in their relentless hounding of the accused and calling them demons, monsters , and other names in the open press and electronic media. The media also irresponsibly demands death sentences, castration and other ghastly medieval punishments knowing very well that there is no provision of these in the law. Irresponsible media coverage stokes people’s sentiments and leads to rioting, destruction of public property and death of innocent police personnel. Media picks and chooses its victims carefully according to their stature in the society and typically politicians, bureaucrats and rich individuals are their first targets. Reporting is done based on TRP’s and not on the merits of the case. Many times the Indian media works in collusion with women’s rights organizations to extract a hefty settlement from the accused to drop the charges and then terminate negative coverage. After the case is proved false the reporting of the case is subdued to a great extent but by then the damage to the falsely accused is irreparable and lifelong. With close to 70 to 90% of rape cases being false media regulation in sexual assault cases must be baked into the text of the law itself to preserve the sanctity of the falsely accused.
The past few years have witnessed on many occasions a very disturbing trend in India where knee jerk draconian solutions are forcefully demanded especially in gender issues at the behest of a handful of aggressive women’s rights groups, which normally cause unspeakable pain and suffering to the accused while leaving the main problem completely unsolved.  It is necessary to once again remind the government that while sexual assault is a crime like no other, a false accusation of sexual assault is also no less than imposing a death sentence on a person for life. Indians can only hope  that the Indian Govt comes to its senses and  makes changes which are gender neutral (applicable to both genders), balanced, unbiased, and most importantly do not prejudice any rights available under the Protection of Human Rights Act, 1993. 



[3], Shanta R et al. “Long-Term Consequences of Childhood Sexual Abuse by Gender of Victim.” American Journal of Preventive Medicine. (2005):28(5), p 430 – 438)


[5] In B. K. Schwartz & S. R. Cellini, (Eds.), The sex offender: Corrections, treatment, and legal practice (5-22). Kingston, NJ: Civic Research Institute)







1 comment:

  1. Type "Femdom Tube" "Ballbusting tube"on Google and you'll find video links of grievous Sexual assaults and Rape on boys and men by feminists under the garb of feminist porn!