Monday 24 December 2012

Suggestion to Mr. Justice Verma on Amended to Rape Law.


Respected Sir,

I would like to bring your kind attention that as the family and institution of marriage get destroyed the crime in society increase. Our LAW makers had made several duplication of law one sided and biased with loophole by which men are under stress and ending their life as per crime bure reports every year more than 88000 men ending their life and some instead of ending their own life, taking others life or getting involved in crime.

In India , never discuss that we have some skewed definition of  r@pe. After living for two years or so as live-in-partners and sleeping in  the same bed, to accuse the male partner of r@pe if he refused to marry is  the height absurdity. And police recording it as r@pe the culmination of stupidity. Such stupid definition no country all over the world have. First need to plug this loop hole first or cry for rape is increasing and increasing .

So, my humble request , law should not be on emotion and crime does not have any sex, caste or religion , so the first priority the law should be gender neutral. If women do not do rape , they will not be punished, but outright say, women do not do rape or sexual assault, is wrong and such mindset in law making process will increase the crime in society.

In 2005 , when the DV act was passed, I begged to every one and witness in CNN-IBN Viedo, please make the law gender neutral , as verbal abuse, mental abuse, economical abuse, sexual abuse, physical abuse, both men and women do each others , but on one take that seriously and i cautioned that time itself, such one sided biased law will create disharmony in society and crime will increase and after 3-years all will have to cry crime is increasing and crime is increasing and today we witness the same and commission formed.

Hope the same mistakes will not be done what was done in 2005 in Dv act.

For more details :
If Husband Failed to Repaire Washing Machine is Domestic Violence on women?

CNN-IBN Debate on Domestic Violence Act , 2005 Part-2 - YouTube

► 5:24 www.youtube.com/watch?v=wDv-e23ueQE
The day domestic violence passed in CNN-IBN I clearly mentioned the law is so biased the number of cases will be increase and then all will start cry that domestic violence cases will increase and then you will start cry and demand to make another law. Request all before reporting go through this Viedo and ask the government why the Domestic violence act had not made gender neutral and treating Husbands as Free Atm machine?

Use some common sense before claim the cases registered as truth as all women born in raja harish chandra family and all men born in Criminal family.

So, my suggestion :

1. Sexual assault law should be gender neutral ( the word women/men should be replaced with word person. If women do not do rape or sexual assault, they will not be punished).

Example :
Full news : Huma Khan sentenced to 3 years jail for torturing minor girl: Why Electronic media is silent?

Huma Khan, a 47-year-old actress who had appeared in a string of C grade films during the late 80s and early 90s, has been charged for kidnapping and criminal intimidation and sentenced to three years of rigorous imprisonment by Additional Sessions Court Judge AR Waghwate.
2. In case of False and fabricated cases filed proved beyond reasonable dought the minimum punishment should be 7 years and maximum 14 years depend on cases gravity. Please remember today Mr. Rahull Gandhi also was accused in gang rape cases, which Supreme court thrown out and fined the petitioners.
3. Physical relation by two adult on mutual consent like promise of marriage, live in relation should not be rape. Only any physical relation under threat or force should be termed as rape or sexual assault.

Example :

When a women rape a man it called Love as per LAW, Society and media..right?
When i read the News article in Times of India : When live-in turns sour, man becomes ‘rapist’: Times of India News.
More details at :

http://swarup1972.blogspot.in/2012/10/when-women-rape-man-it-called-love-as.html

Any small child also can say such law or act is not only unfair , it is a clear injustice to men and to be termed as Blackmailing and extortion by greedy women. When two adult person stay together as per their own wish and after some time the relationship breaks, how the same can be termed as Rape?

4. Keeping in mind the Indian condition physical relation possible only by marriage, the spouse rape should not taken in this law, as for such cases the sexual abuse already covered in 498A and Domestic violence act.
5. There should not be any direct money compensation transfer from accused to complainant on the basis of complint , as no one born in Raja Harish chandra Family ( never lie). This will encourage the blackmailing and extortion.
6. The offense to be catarogised in 5 level depend on type of crime and gravity and accoridnlgy fined to be fixed and the same should go to government fund for set up court and other expenses. Any compensations to real victims or falsely accused, should be given after case proved only and the same should be given by government , which they earned through the Fine imposed as per level of offense.

7. Time limit for investigation maximum 60 days and trail should be completed with in 1 years.
8. Accountability to Judge to complete the cases, like in corporate we see that like a Project and finish on time , if he unable to do that Judges performance to be termed as below expectation and his future promotion as well as Job continuity to be reviewed.
 

History witness let start from Mahabharata to any terrorist organizations or political agitations, they had always used the women abuse as excuses to create war and kill innocent men, although there is enough examples the criminal activity is not a gender specific issue. Would we also want to do the same once again? Please think for a moment!!!

Today we are in 21st century we are still suffering the same mind set , result making more and more biased and one sided law which destroy the basic foundation of family and institution of marriage, which was the most deterrent to reduce the crime. 

Any way the fantasy of some male hater organizations to kill the men as whole sale free license is going to get fulfilled very soon as allover the world the statistics shows the capital punishment used only against poor and socially down people and India is not different , just have the look for all capital punishments Judgements for reference.

Those term Delhi as rape capital must know:
http://www.nationmaster.com/graph/cri_rap-crime-rapes

DEFINITION: Number of sexual assaults recorded by police in that country per 100,000 population.

India 1.7 per 100000 population.
http://www.causes.com/causes/7710-stop-abuse-of-all-women-and-children/actions/52809

Somewhere in America, a woman is raped every 2 minutes, according to the U.S. Department of Justice.
In 1995, 354,670 women were the victims of a rape or sexual assault. (NationalCrime Victimization Survey. Bureau of Justice Statistics, U.S. Department of Justice, 1996.)
The FBI estimates that 72 of every 100,000 females in the United States wereraped last year. (Federal Bureau of Investigation, Uniform Crime Statistics, 1996.)

http://muslimrapewave.wordpress.com/2012/04/18/sweden-has-the-highest-rape-statistics-in-europe-i-wonder-why/
Sweden, 46 incidents of rape are reported per 100,000 residents. This figure is double as many as in the UK which reports 23 cases, and four times that of the other Nordic countries, Germany and France. The figure is up to 20 times the figure for certain countries in southern and eastern Europe……Over 5,000 rapes are reported in Sweden per annum while reports in other countries of a comparable size amounted to only a few hundred.”

As per crime bure report about 70% found not guilty and more than 90% are  mutual physical relation converted to r@pe cases. Please note to convect any person in rape cases, today there is no need of even medical reports or eye witness, her own statements is sufficient, means in those cases it is a accused proved himself innocent.
When police can't catch  the real r@pist , send every tom,dick or harry as rapist in false and fabricated cases which is the main reason for less convection.

Some recent news :
http://timesofindia.indiatimes.com/city/chennai/Woman-to-pay-Rs-50L-for-accusing-actor-of-rape/articleshow/17563842.cmsTo
stop the false and fabricated rape cases, along with fine need the jail terms as this should be termed as legal terrorism. Other wise the day is not too far when any ram, shyam, jadu or madhu will be termed as rapist.

http://articles.timesofindia.indiatimes.com/2012-07-17/india/32713694_1_district-court-delhi-court-real-victims
http://www.indianexpress.com/news/take-action-against-girl-for-filing-false-rape-case-hc-to-cops/931412
http://news.outlookindia.com/items.aspx?artid=766976
http://www.guardian.co.uk/society/2011/jan/28/false-rape-complaint-prosecution
http://www.hindustantimes.com/India-news/NewDelhi/Court-rap-for-filing-false-rape-case/Article1-879881.aspx
http://news.in.msn.com/national/article.aspx?cp-documentid=3627623
http://articles.timesofindia.indiatimes.com/2012-10-19/india/34583693_1_kishore-samrite-gajendra-pal-singh-rahul-gandhi
(a) AI Air Hostess Komal Singh case : “NCW rules out sexual harassment of AI air-hostess” - http://www.zeenews.com/news579693.html
(b) Lt. Gen. A.K.Nanda case :  “Col, wife cooked up sex charge against general” - http://timesofindia.indiatimes.com/iplarticleshow/6515807.cms
(c) Weightlifting coach falsely alleged with sexual harassment by Karnam Malleshwari : “Weightlifting coach absolved of charges”
(d) False sexual harassment allegations against Mr. M.K.Kaushik, former Indian Women’s Hockey coach
- http://www.ndtv.com/article/sports/hockey-sex-scandal-coach-opts-out-of-tours-38771



Read the Rape law of Country like :

Sweden, United states, England, Scotland, Germany , no where death penalty
is there.

http://www.bbc.co.uk/news/magazine-19333439

Caution :

If any Law or policy made without keeping in mind the history of mistakes and possibility of misuses clause , with the assumption that all women born in Raja Harish chandra family ( never lie) and all men born in criminal family , will lead to a disharmony in society and  net results will be the "INCREASE IN CRIME IN SOCIETY".

Choice to you to support a gender neutral balanced law by which both men or women can lead a dignified life or refuse to accept that women can also do the heinous crime and make one sided biased law to fulfill the long fantasy of Indian male haters organizations , how to kill men legally and the same should not be termed as crime in this country.



Gender wise, Statistics of number of victims of Murders, Suicides and Accidents all over India, in Year 2009 (courtesy: Ministry of Home Affairs, Indian Government) to understand whose life in more danger men or women?
Murder:
http://ncrb.nic.in/CII-2009-NEW/cii-2009/Table%203.3.pdf
Male Victims-24,441, Female Victims-8,718 Total Victims-33,159
Culpabale Homicide Not Amounting To Murder (Sec.304 and 308 IPC) During 2009
http://ncrb.nic.in/CII-2009-NEW/cii-2009/Table%203.4.pdf
Male Victims=3,529, Female Victims=753 Total Victims=4282
Dowry Death Convictions (75% dowry death cases are false and lead to no convictions)
http://ncrb.nic.in/CII-2009-NEW/cii-2009/Table%204.9.pdf
http://ncrb.nic.in/cii2008/cii-2008/Table%204.9.pdf
http://ncrb.nic.in/cii2007/cii-2007/Table%204.9.pdf
In 2009, 2008 and 2007 the dowry death convictions are 1882, 1948 and 1946 respectively.
These dowry deaths are too small a number for a country of 1.2 billion people.
Accidental Deaths:
http://ncrb.nic.in/CD-ADSI2009/table-1.4.pdf
Male Victims=276,333(77.4%) Female Victims=80,688 (22.6%) Total Victims=357021
Suicides:
http://ncrb.nic.in/CD-ADSI2009/table-2.5.pdf
Male Victims=81,471 Female victims=45,680 (Total Victims=127151)
(Male Victims=64.1%, female Victims=35.9%)
Total Victims of Suicide, Murder and Accidents:
Male Victims=361,333(73%) Female Victims=135,839 (27%)
Other References :

NHRC chief wary of death penalty for rape demand


He also cautioned against the possibility of a stringent rape law being misused. “In most cases, there is no doubt that rape has taken place. But there are also cases where a woman may level false rape charges against some person. We have to keep that also in mind,” Balakrishnan said. 
[1]  WHO Report – WORLD REPORT ON VIOLENCE AND HEALTH Report, Chapter 6, Sexual Violence – Page 154 , Box 6.1
[2]  Asian Center for Human Rights report titled “Torture in India 2010”, ISBN : 978-81-88987-24-5
[3]  “POLICE TORTURE IN PUNJAB, INDIA: An Extended Survey” by Ami Laws and Vincent Iacopino, Health and Human Rights Journal, Vol 6 No .1
[4] “Rape on Second thought” – Article in the Pune Mirror  on 28-April-2010, http://www.punemirror.in/index.aspx?page=article&sectid=62&contentid=201004282010042800020376672f460c5&sectxslt=
[5] Lady who cooks up rape TNN, Feb 18, 2012 -
[6] Woman to pay Rs 50 lakh for accusing actor of rape, TNN, Dec 11, 2012
http://articles.timesofindia.indiatimes.com/2012-12-11/chennai/35748963_1_mohammedan-law-mansoor-ali-khan-trial-court

a) AI Air Hostess Komal Singh case : “NCW rules out sexual harassment of AI air-hostess” - http://www.zeenews.com/news579693.html
(b) Lt. Gen. A.K.Nanda case :  “Col, wife cooked up sex charge against general” - http://timesofindia.indiatimes.com/iplarticleshow/6515807.cms
(c) Weightlifting coach falsely alleged with sexual harassment by Karnam Malleshwari : “Weightlifting coach absolved of charges”
(d) False sexual harassment allegations against Mr. M.K.Kaushik, former Indian Women’s Hockey coach

(f) Take action against girl for filing false rape case: HC to cops -
(g) Woman, Mother Marked for Lodging 'False' Rape Cases -
(h)  Lady who cooks up rape TNN, Feb 18, 2012 -
(i)  Medical report rules out rape of two Russians: Hindustan Times, Panipat, June 26, 2012
http://www.hindustantimes.com/India-news/Haryana/Medical-report-rules-out-rape-of-two-Russians/Article1-879042.aspx
(J)



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