Home > News > Pune Mirror:—Make rape law gender neutral: men’s group

Pune Mirror:—Make rape law gender neutral: men’s group

MRA says proposed changes to rape laws are extreme; could be used to blackmail, harass men

Vijay.Chavan @timesgroup.com

Even as women’s organisations demand no-holds barred punishment for rapists, men are coming out with their own take on the issue. Pune-based group Men’s Right Association (MRA) has sent a list of suggestions to the three-member committeeheadedbyformerChiefJusticeofIndiaJ S Verma has been set up to amend laws in sexual assault cases.
The MRA claims that certain provisions in the proposed laws are extreme and could lead to the law being grossly misused. Atit Rajpara, founder-president, MRA, said, “The Central governmentandwomen’sgroupsplantoamend rape laws which we support. We want the death penalty for rapists, even if it isn’t a case of rape and murder. However, some of the proposals are extreme and can be used to harass men.”
Rajpara added, “All references to ‘man’ or ‘woman’ must be replaced with ‘person’ or ‘whosoever’ ‘Husband and ‘wife’ must be replaced with ‘spouse’. We alsowantthatrelationshipormaritaldisputes should not be included in a sexual assault case as they are covered under the Domestic Violence Act.”
“Most importantly, we would like the commitee to recommend that rape laws be made gender neutral, so a rape accused is punished regardless of gender, caste or religion. However, the government and women’s groups are not ready to do this,” he said.
TheMRAsentintheirlistonJanuary2 and have also started a mass email campaign to spread awareness.
GOVT, WOMEN’S GROUPS PROPOSE
» Punishment for rape accused should be hanging till death, presently the death penalty stands only for rape and murder
» Chemical castration for accused
» Accused must prove that he has not committed the rape, the victim does not need to give any proof or even a medical test. The victim only has to claim that she has been raped and whoever she nameds will be arrested immediately and not get bail till the case is over, irrespective of how long it goes on » As soon as the victim files the case, regardless of whether it is true or false, she will get a minimum of Rs 2 lakh with a first instalment of Rs 50,000 available immediately
» A rape victim will get a government job
» In a marital dispute, the wife can file a rape charge on her husband along with Section 498A of the Indian Penal Code (Husband or relative of husband of a woman subjecting her to cruelty) and the husband will have no defence.
» There should be no punishment for women making false rape or gang rape charges.
MRA RECOMMENDS
» Rape laws should not be misused as the Domestic Violence Act often is. The law should not become a means of blackmail and extortion » Rape laws should be made gender neutral
» Cases of infidelity in a relationship should not be converted into rape cases
» False complaints of rape should be punished severely, so that genuine cases like Jyoti Singh Pandey get justice.
» Introduce police and judicial reforms for speedier justice and to increase conviction rates in rape cases
» Men should allowed to file rape cases
» There are several cases where the woman consents to a sexual relationship, but later changes her mind, saying she was drunk, under threat or that the man promised to marry her or promised her a job. Such cases should not be termed as rape

The MRA says they support some of the proposals put forward by women’s groups, but some need to be tempered
All references to ‘man’ or ‘woman’ must be replaced with ‘person’ or ‘whosoever.’ ‘Husband’ and ‘wife’ must be replaced with ‘spouse’
ATIT RAJPARA, FOUNDER-PRESIDENT, MRA

 http://epaper.timesofindia.com/Repository/ml.asp?Ref=UE1JUi8yMDEzLzAxLzA3I0FyMDAyMDA=&Mode=HTML&Locale=english-skin-custom

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  1. Men's Rights
    January 7, 2013 at 11:06 pm

    Maintenance and alimony orders imposed by court are two legalized forms of slavery and a way of LEGAL EXTORTION. Also these are incentives provided to a woman for divorce and breaking up the family. Abolishing this slavery is what the Men’s Right Movement needs to achieve.

    It should never be the responsibility of a man to support the previous standard of living of his estranged wife. Only situation where a men should be maintaining his wife is when his wife is living with him and is a housewife. Supporting a wife who is living separately or is divorced through court order means only the man has got the liability to pay and his estranged wife would be receiving “free money” without any responsibility towards him. In a nutshell there should not be any provision for a man to support his estranged wife without “conjugal rights”.

    Child support is another way of exploiting men. The courts normally give the custody of the child to the biological mother and make the man pay for the child. The man gets little or no access to his biological child but only gets the liability to pay. The mother of the child can get this “free money” and can spend whatever manner she likes without any kind of supervision.

    Moreover, if under normal circumstances if a man fails to maintain his wife or child due to poverty, financial adversity, ill health etc. then he is not held guilty by the court. But if there is court order to support his wife or child or both and he fails to provide the money then he either is imprisoned or his property is seized. Most often the court does not excuse him for his inability to pay even though he is jobless or bankrupt or is physically not fit. The man is treated just like an ATM machine. The man who has a court order against him to support his wife or child has tremendous liability to pay on regular basis.

    A man should be responsible for maintaining and supporting his child along with the mother of the child and it should be a joint and equal responsibility. Also there should be joint custody for the child, to prevent a fatherless society. If a man has to pay for child support then the biological mother should contribute equally for the child. Also if a non custodial parent has to hand over money to the custodial parent then the custodial parent should be accountable as how the money was spend for the benefit of the child. The money provided for child support should not be treated as “free money” and in no way be used for purchasing cosmetics and jewellery. – by Siff Member on Facebook

  2. Men's Rights
    January 7, 2013 at 11:07 pm

    Martyrs of Marriage Trailer http://www.youtube.com/watch?feature=player_embedded&v=d0TyjO2if6Y

  3. Men's Rights
    January 7, 2013 at 11:14 pm

    Wake up call for Indian Men: Government prepares law to destroy Indian Men –

    http://legalfighter.wordpress.com/2013/01/04/wake-up-call-for-indian-men-government-prepares-law-to-destroy-indian-men/

    By citing some extreme cases of rape and murder, and relying on hyper media sensitivity and giving in to public emotion, the Indian Government and women organizations are on process to change the Present Rape law, as a knee-jerk reaction as mentioned below :

    (Present punishment for rape is minimum 7 years and maximum life sentence).

    Government and women organizations proposal under consideration:

    The Punishment should be “Hanging to Death” even for simple rape, presently it is Rape and Murder.
    Proposal for chemical castration to men. Accused have to prove that he had not committed the rape, the women is not required to give any proof (even medical test also not needed to file rape cases). Her verbal statement is sufficient to term any one as a rapist. She just needs to claim that she had been raped or gang raped and whoever is named will be arrested immediately and they will not get bail till the case is over, irrespective of how long the case continues, be it 1 month or 20 years.
    As soon as she files the case, whether it is true or false, she will get minimum 2 Lacks rupee – rupees 50 thousands immediately and then as case progress. This is irrespective the case is true or false.
    A rape complainant will get government job by default, so now you do not need any qualification or skill to get a government Job. You have to just cry rape and secure a government Job.
    Consent to sex: Any consensual sex can be termed as rape with excuse like, she was drunk / made to drink, she was promised for marriage, she was promised for job, she was under threat, etc. This means that the consent depends purely on women’s will and wish. She is even free to enjoy the consensual sex, later call it rape and en-cash
    Most importantly the law commission advised to make the rape law “Gender Neutral“, so that any rape by women to other women, men to other men, women to child can be covered, but women organizations and Govt are not ready to do that for reasons best known to them.
    For any disputes in marriage or divorce the wife can file the Rape case on her husband along with 498A (dowry case), DV act, Crpc125, Section24, Child custody and husband will not have any defence.
    There should not be any Punishment to women for making “False and Fabricated” rape or gang Rape case to anyone.
    A man can’t be file rape case against women even if she rapes you every day and then cut your body in 11 or 17 pieces.

    Our Proposal :

    If you really want the same should not be misused left, right and centre, the way in Section 498A/ Domestic Violence Act, the word relative is misused, then act NOW.

    Be ready the Rape statistics will double in next two years and it will became another extortion, blackmailing and easy money earning business for all Advocate, Police and greedy people.

    Summary of our Recommendations and Request to meet your MP/MLA/Ministers and demand:

    Make Rape Law Gender Neutral as in other countries of the globe.
    Relationship cheating cases should not be allowed to be converted into rape cases which suck the scare resources from genuine rape cases.
    False complaints of Rape cases, should be punished severely, so that genuine cases like ‘Nirbhaya’, gets justice.
    Introduce the much required police reforms to increase conviction rates of rape cases
    Introduce the much required judicial reforms for speedier justice and to increase conviction rates of rape cases.

    All references to “Man” or “Woman” must be replaced with the word “Person” or “Whosoever”
    All references to “His” or “Her” to be must be replaced with the word “His or Her”
    All references to “He” or “She” must be replaced with the word “He or She”
    All references to the word ‘Husband” or “Wife” must be replaced with the word “Spouse”

    Relationship or marriage disputes should not be included in the Sexual Assault as they are already covered under Domestic Violence act.

  4. Men's Rights
    January 7, 2013 at 11:27 pm

    Hari Tadepalli says:
    January 4, 2013 at 11:36 pm

    http://legalfighter.wordpress.com/2013/01/04/wake-up-call-for-indian-men-government-prepares-law-to-destroy-indian-men/#comment-1834

    Even before I have read this blog, I have predicted this. This recent ghastly incident in Delhi, committed by some low-rung criminals with prior record and history and crime (and whom the law failed to apprehed in advance), will be used as an alibi and justification by NCW, its supporting uber-feminist groups, women who do not believe in family life and of course, our scondrel politicians, to enact even more draconians laws against the peaceful and law abiding middle class male population of India.

    What these feminist organizations, NCR and their politican buddies are doing is a serious march backwards hundreds of years of fight across the world for democracies and democratic norms. I am not legal expert, but to my understanding, the following are well understood norms of democracy:-

    1. Every individual, irrespective of his biological origin (which includes sex, religion, communal affiliation, skin color, geographical origin, education) has the right to pursue individual fulfilment through peaceful means – whether it is for education, employment, religion or a personal hobby.

    2. The state shall not discriminate among individuals on the basis of thier biological origin.

    3. What distinguishes democracies from the midieval times of lynching is described by a legal term called ‘habeas corpus’. Translated from Latin, this means “innocent until proven guilty”. Every individual has the right to defend his status as a law abiding citizen until he/she is proven guilty by a court of law. In other words, the right to prove guilt of an individual vests with a court of law & not with other citizens and police who could have a potential conflict of interest with the accused. What this also means is that, individuals who have prior history or record of crime should be given the opportunity to defend themselves in a court of law on par with a civil dispute.

    By demanding the summary dissolution of ‘habeas corpus’, these feminist organizations and their politican buddies are marching us back into the midieval ages of lynching. First off, by presuming a male is guilty by defintion, these laws violate all premises of democratic freedom. By arresting individual based on statements of parties with a conflict of interest, these laws are not any different from laws pronouced with racial descrimiation. By applying to restraint with police force to individuals who pose not threat to anyone, these laws have the the same power and potential to hurt individuals in the same way POTUS and allied laws have been abused for decades.

    Laws in a democracy should be applied to individuals. Even if a 50% of males in India are proven to have raped women, I as the last innocent man own the previlege to assert my innocence with all the freedom accorded by a democratic nation. I can not have my neighbor arrested by a mere allegation of a beating. It requires a charging, a formal procedure for bringing about conviction, a trial process for proving the charge and finally a conviction by an appointed judge. Subverting this process is atavistic, to say the least.

    We all know that the nation state is corrupt beyond hope and redemption. Politicians, Celebrities, Police and the Wealthy and Influential violate law with impunity and a brazen public show. On the one hand, these very feminist and humanist organizations (in many cases, they share common interests, despite human rights often conflicting with feminist ideals) decry police brutality and yet press the same brutality into service when it came to addressing gender related personal disputes. So, take a deep breath – policy brutality is OK when my opponent is beaten to death. But it becomes brutality when my friends suffer from it. Corrupt politicians are fine as bed-fellows when enacting gender discriminatory laws. But not OK when the Delhi police had failed to protect a 23-year old girl returning home late in the evening or when stealing 100000 crores of public money. Oppotunism does not exactly equate idealism. It is plain old politics of power grabbing and purveying.

    These new laws will not necessarily help stop the next brutal rape in a remote bylane of Delhi, nor the murder of another young bar tender girl, but they will sure throw a number of innocent men behind bars based on false allegations by immoral women empowered by gender discrimination enshrined in the constitution.

    The nation also seems to be forced into a speedy decision regarding capital punishment. India will join the ecelctic club of few nations (besides some middle eastern nations and the USA) that still have captial punishment. Given the frailty of the Indian legal system to deflect to forced or power, money and politics (& now gender as well), rest assured that many innocent will led to the gallows.

  5. Men's Rights
    January 7, 2013 at 11:33 pm

    Difficult Questions for the Indian media

    http://legalfighter.wordpress.com/2012/12/21/difficult-questions-for-the-indian-media/

    Difficult Questions for the Indian media
    ************************
    1. Nobody seems to be concerned about the girl’s boyfriend who was badly beaten with the girl in Delhi . Everyone is harping on the the Rape incident even when the medical report is out . Beating a girl with an iron rod is a undoubtedly heinous crime ..but is it rape ? Does this man the boy who was also beaten with the sane road raped ?

    2. In the Ruchika Gihrotra case(2008) her brother was brutally tortured for weeks by the Haryana Police , but the focus was always on Ruchika’s suicide and neither the media or the government no-one bothered to check how much this young man suffered.

    3. A couple weeks ago a girl in Bangalore who was driving recklessly was pulled over by police and claimed molestation by the police !! Once the real story came out the , the media hyperbole subsided however no apology was issued to the policeman who was maligned for doing his duty.
    Every 9 minutes a married man commits suicide, 3 times more men die in road accidents, 92% crimes happen against men and yet men are left unprotected!

    Why is violence against men completely ignored in India and why is all violence against women converted to rape / molestation incidents ? Is this done to unnecessary get gender leverage and media sensationalism ?

  6. Men's Rights
    January 7, 2013 at 11:40 pm

    When women get attacked that city immediately becomes unsafe for women . ( a.k.a womens rights issue ) . However men get murdered, robbed , kidnapped and beaten in cities all the time , why does the media then NOT project that city as unsafe for men ?

    1. Is Delhi unSafe for Sardars after what hapenned in 1984 ?
    2. Is Gujrat unsafe for muslims because thousands were killed ?
    3. Is Mumbai unsafe for UP and Bihari immigrants ?
    4. Is Bangalore unsafe for North Easterners ?

    Why is the “Unsafe” tag so readily used only for women and not any other issue ?

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