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Rajesh Kumar (Advocate)     26 July 2009

Avoid any interaction with women- new proposed laws

Laws are abused and government is making such new laws everyday so that more and more laws can be misused against men.

 A new Section 376D has been proposed with says that,

(1) Any man who with a s*xual purpose,

touches, directly or indirectly, with a part of the body or with an object, any part of the body of a woman, without the consent of such woman, shall be punished with simple imprisonment for a term which may extend to three years or with fine or with both.

Provided that, if the man is related to the woman, he shall be punished with imprisonment of either description for a term which may extend to 7 years and with fine "

Thus by mere touching a women, a man can get 7 years. A woman can say anytime that such touch is for s*xual purposes.

In fact in another new proposed provision, even touch is not required. Mere sight or uttering of some word is enough, read proposed Section 509,

Whoever, with a s*xual purpose or with the intention to

insult any woman, utters any word, makes any sound or gesture, or exhibits any object or a part of the body intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.”

How many laws we need to awaken men- so that they can remember that at some point of time they fought for their honour.

 



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 25 Replies

Swami Sadashiva Brahmendra Sar (Nil)     27 July 2009

And what about evidence of such accusations? On the basis of experience, ancient laws considered that  women’s evidence is not reliable. Now the law presumes that women’s words are  conclusive when they  are accusing a man.

ritu bhadana (advocate)     27 July 2009

 very strange, Being a woman i also oppose such laws as they are grossly misused and the times have now changed. I have seen women around me taking wrong benefit of such laws. Such stringent provisions are not beneficial to those who are in dire need of them but are being misused by women for fulfilling their selfish motives.

J. P. Shah (RTI & CONSUMER ACTIVIST)     27 July 2009

This is all for law abiding citizens. For others laws hardly matter and they know how to 'manage' law and courts and police etc. In India every day law abiding citizens are being roped in by varieties of laws and rules and regulation but for law breakers the system is ineffective. Commonmen is getting convinced that it is better to learn how to 'manage' law, courts and police rather than abiding  laws.

Rajesh Kumar (Advocate)     27 July 2009

J P shah has raised a very important point. Some persons in the society are law abiding & some are not. A society can function till the point number of law abiders far outnumber law breakers. For example if in our country 1% law breakers means 1.3 crore persons- almost impossible to manage with the existing resources.

Thus it is important to communicate to law abidingcitizens to remain law abiding by not harassing the innocent (that is the basis logic behind the maxim- let hundred guilty go unpunished but inocent must not be punished.) Such laws and abuse of such laws communicate to people that there is no point being law abiding- you can be punished even when you are innocent.

This is bad for the society. In course of time it can create anarchy- and in anarchy women are the worst sufferers. Women has to take lead in opposing such anarchist laws.

ritu bhadana (advocate)     27 July 2009

 i totally agree with ur views mr. rajesh

Swami Sadashiva Brahmendra Sar (Nil)     27 July 2009

Yes. on average, a law abiding person remains unsuccessful and even he is called impractical and unsocial. this experience is prevalent in every feild, may it be  politics, general administration,  judicial system or daily life in the society.

Deekshitulu.V.S.R (B.Sc, B.L)     30 July 2009

Mr Tripati

With all respects to you, I agree and as you know in any case under Sec. 354, 376, 498-a or for that matter any case filed by a woman under PDV ACt, or in any other complaint by a woman against a man, the courts were saying that the evidence of the procutrix is is sufficient. Then where the man lands?. Any womn can say all the words in a court of law which are covered under the proposed amendment, if she wants to wreck vengence against a particular man. Oh god what a pity.

that is why all theses types of laws and amendments are mostly misused, abused and  can any body help the situation.

Rajesh Kumar (Advocate)     30 July 2009

You are right and the only option left with men, to avoid such false charges and punishment of accused in indian legal system (although they say innocence is presumed), the only way to avoid interacting with women.

On a pure short term view, we can say that these laws are against men- but when i see things on a longer perspective- these laws harm the women more. It reduces the trust level, which society has in women and it harm them on a longer time frame. In recent times, various studies has shown that a class which does not inspire confidence & trust is likely to loose very heavily in the long term.

In the corporate level, we see top level women employee- pepsi, icici, britania- they reach to that position without such laws. We have to see if women maintain this position with these laws or not.

Swami Sadashiva Brahmendra Sar (Nil)     30 July 2009

Now the men will be very careful and suspicious if they want to help a women. therefore, it is true that  even for women, laws are more dangerous than beneficial. in general these laws are destroying the social structure and harmony.

Arul Kumar (Legal Consultant & Professor at Law)     30 July 2009

The proposed section 376D and 509 is debatable. Instead of increasing the new provisions, the criminal justice system should ensure more conviction of rapists who have committed heinous crimes. The above sections are prone to misuse, if the intention is not right. 

Rajesh Kumar (Advocate)     02 August 2009

Yes, to secure such convictions the alleged rapist is arrested immediately, so that he cannot defend himself. After all when you put a person behind barm he is not able to earn any money, so will not be able to afford a good lawyer- that is one way to increase the conviction rate.

Have you ever try to know what percentage os rape cases are false- read

https://masculist.wordpress.com/2009/05/13/false-allegation-of-rape/

And there is another twist in story. Even when it is found conclusively that rape allegation is false, the state does not punish the false accuser. Can you remember this inderpuri police station rape case. The allegation was found wrong conclusively. Have you find any information about prosecution of the false accuser women?

In such democracy, we need political campaign based on gender, may be political parties based on gender.

 

Swami Sadashiva Brahmendra Sar (Nil)     04 August 2009

 

Kindly see also this news -

Bangalore: On Independence Day, a group of men will meet in Shimla and make a plan for "freedom" from "harassment" by their wives.

 

"On Independence Day we will raise the issue of freedom and dignity of harassed husbands. More than 100 men, representatives of 30,000 other harassed husbands from across the country, will converge at a day-long meeting to come up with strategies to take on their wives," Anil Kumar, president of the Save Indian Family Foundation (SIFF), told IANS.

 

Bangalore-based NGO SIFF, along with another NGO CRISP (Children's Rights Initiative for Shared Parenting), in partnership with Maharashtra's Purush Suraksha Sanstha and Uttar Pradesh's Pathi Paramesh Kendra have organised the event.

 

"All the four groups are working for equal rights for men and women in India. We feel that in many instances, the Indian law is biased when it comes to husbands, as it often favours the wives. Be it in the case of custody of children for divorced couples or false allegations of domestic violence and dowry harassment, the law generally takes the side of women, without listening to the side of men," said Kumar.

 

"However, we would like to clarify one thing. We're no women haters. This is about equal rights of both men and women," said Kumar Jahgirdar, founder of CRISP.

 

In order to prove that harassment of husbands was prevalent, Kumar cited the latest report of SIFF on suicide rate of men across India.

 

"Around 1.2 lakh harassed husbands in India have committed suicide in last four years," SIFF's president claimed.

 

The suicide figures were collected by SIFF from the National Crime Records Bureau.

 

"This is an alarming number. Our fight is against such wives and for justice to the harassed husbands. In fact, husbands committing suicide because of harassment is double the number of wives committing suicide in the country," the founder of CRISP said.

 

Some of the demands to be raised at the Shimla convention by the husbands' group include a separate men's welfare ministry on the lines of the women and child welfare ministry, equal taxation for men and women, change in inheritance laws, amendment to the domestic violence prevention law, and mandatory joint custody of children for divorced couples.

 

"We're meeting at Shimla, not to draw a gender dividing line. We want to discuss a social issue and find solutions as the country is seeing a large number of divorcees," said Virag Dhulia, a senior member of SIFF.

 

"We'll also demand pre-litigation counselling before grant of divorce, an end to police brutalities and judicial reforms to help address the social issues."

 

According to data available with SIFF and CRISP, on an average 20-25 cases of divorce are filed every day in Delhi, Mumbai and Bangalore.

 

A total of 9,000 divorce cases were filed in Delhi, 7,500 in Mumbai and 5,000 cases in Bangalore in 2008.

 

The figures were collected from family courts in the three Indian metros.

 

If harassed husbands are blaming their wives for failed marriages, women rights activists have a different take on rise in divorce rates across India.

 

"There are reasons galore for the rise in divorce cases. Urbanisation and increasing violence against women and financial stability of both husband and wife, to name a few," Dona Fernandes, a member of women rights' group Vimochana, told IANS.

 

"Today's empowered women are refusing to follow the traditional diktats of Indian marriages. Marriage is the biggest form of displacement for any woman as she has to shift from her home (natural habitat) to her husband's home.

 

"It is the wife who is supposed to adjust. But today's financially strong women are not ready to take undue pressure on their individual existence and thus marital discords are bound to increase," said Fernandes.

Rajesh Kumar (Advocate)     04 August 2009

This is national meet of save indian family foundation. It is expected that around 30000 persons may reach shimla.

1 Like

Ziaul Haque Ansari (Advocate)     05 August 2009

Thanks for the contribution


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