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Tajobsindia (Senior Partner )     29 March 2011

Why is diluting rape probe termed – progressive ?

Why is diluting rape probe termed – progressive ?


Union Health Ministry has decided to make the per v**ginal (PV) test optional for rape victims in order to save their right to privacy. In other words the “victim” can refuse PV test even if the interrogation officers insist so. Being a pro-rights activist I’m glad that
India government is recognizing and respecting the rights of its citizens. But what I don’t understand is how is Government of India going to protect the fundamental right, to live with dignity, of more than half of the population? I mean, how are men going to protect themselves from false rape accusations?


Indian patriarchal laws even recognize consensual s*x by false promise of marriage as rape. The new s*xual assault bill under the consideration of parliament is going to bring all kind of s*xual offenses under one umbrella and treat it as rape!


Not so long ago, Pune police reported that more than 70% of reported rape cases are consensual s*x. Guys and girls fall in love and if at a later point when girl gets pregnant and her family don’t agree with the relationship, in order to save the face she reports rape. In some cases women report rape in order to blackmail successful guys for marriage. Some times this blackmailing is to wreck vengeance or for extortion. These are all well known facts and numerous men are languishing in jails for no fault of theirs and their loved ones undergoing endless trauma.


When a man attacks a woman, that act is definitely going to leave his skin cells on the victim’s body. Forensic evidences make the prosecution stronger and bring maximum punishment to the offender. Above all, it gives the accused a fair chance to prove his innocence. Not to mention that Indian patriarchal laws do not recognize a woman as s*x offender! Invariably, this so called progressive move puts men in the most vulnerable situation where the chances of getting his dignity and social status smeared in dirt become ten fold high.


Men in general are not aware of the possible trauma that they, along with their family and loved ones, may face sooner or sometime in their life time. The most abused law that
India has ever witnessed, the infamous IPC 498a, when enacted in 1983 was beyond the wildest imagination of law makers or common people that the abuse would go to this extent. When a shop owner reports theft and claim insurance the first thing that cops do is to make sure whether or not the theft is real. Application of common sense seems to be considered as an offense by Indian law makers when it comes to women centric laws.


Interestingly, most men even feel it “insensitive” to point out the necessity of forensic examination. I don’t know if it is obsession towards certain organs or starvation of physical needs that made them feel so. I’m asking those people who feel that talking against relaxing the rape probe is an insensitive act, will you be ready to feel sensitive and accept the jail sentence when a woman falsely accuse you of rape?


PS.: All those who are really interested in eliminating violence against women may spare an hour to read this The Florida State University study report.

https://www.law.fsu.edu/journals/lawreview/downloads/304/kelly.pdf

 

 

Credits: Article by Prasson Suryadas, Austin, TX, USA



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