Posts Tagged ‘Fundamental Rights’
Problem Statements
- Lack of accountability increases arrogance and reduces quality of judgments.
- One single human error in making a judgement can cost several productive years of a common man.
- Lack of awareness about latest SC judgments of both lawyers and judges can cost several productive years of a common man.
- Placement of judges based on recommendations/influence (even from organizations abroad) is affecting the integrity of the system.
- Lawyers writing judgments denigrates and defeats the purpose!
- Lack of video recording and loud speakers makes litigants unaware of proceedings and subject to exploitation.
- Judges settling or help settle personal scores with litigants makes mockery of the system.
- Lack of analytical and philosophical skills produces only judgments not justice!
Solutions
To assure the public money is best spent and quality of judgement is maintained, there shall have a central body transparent to public capable of
a) Setting the standard procedure of hiring, maintenance of status and firing
i) Procedure for hiring shall include written test, aptitude test
and internship period
ii) After successful internship a status of “Judge” be given which
shall always be temporary.
iii)Periodic assessments/review shall be performed to maintain
the “Judge” status failing which they shall be put back into
the internship pool.
iv) The internship period salary shall be one fourth of active “Judges”
v) Firing shall be of those who lose “Judge” status more than 2 times
in their life time, and violates code of conduct which includes
but not limited to showing respect towards litigants and lawyers.
b) Setting standard procedure and panel for internal assessments/review of all judgements to ensure quality and eliminate biases
i) There shall be a profile of all those who are hired, maintained by
the central body, consisting of “Professional History”;
which includes, but not limited to, date of hire, status history,
attendance history, number of cases handled, duration of
each case, court name & address, links to judgments, whether
gone for appeal or not, salary info etc.
ii) All reviews and suggestions made by the panel should be published
online and shall come under the RTI act.
c) Video recording with audio and store all court proceedings; links of videos
be added to the corresponding “Professional History”.
d) Ensuring a minimum of 3 judge bench in all the courts including family courts,
lok adalat and tribunals.
e) Ensuring periodic workshops to reduce human biases, which shall be one
of the criteria for maintaining the “Judge” status.
i) Video record with sound and store all periodic workshops; links
of videos be added to the corresponding “Professional History”.
f) There shall be a standard process to address the grievances of public in
all of the above.
Assaultology Rapeonomics & Criminology
A lot of people including myself are utter confused about what is going on in India. A good number of them even quit thinking about this or refusing to talk about it.. Not because of lack of interest but instead its brain twisting, tiring and unable to reach a rational conclusion.
When there is a road accident, obviously, the wrong doer has to compensate the victim; who is at wrong is decided by the justice system and there are companies who give insurance coverage for such unexpected incidents in return for a relatively small monthly premium. Take another scenario where a person incurred damage using any products or services the manufacturer or the service provider, whatever the case may be, is made responsible for paying the compensation. If the State is at fault then State is made liable. If there is a natural disaster like earthquake, where no one is at fault, governments do pay reliefs to the victims. See, the logic and economics are very easy to understand, isn’t it?
Now here is another whole different scenario where one party consciously does a crime and the State compensates the victim using tax money. You might have never heard of a deal like this in any other country! Does that sound very promising, where a third of the nation are unemployed and another third makes hardly enough to stay alive. Not done yet; add gender to the equation. Surprisingly enough, this utopian deal is only for those who have certain organs. I know, I know… Article 15(3) of the Constitution allows the State to discriminate based on gender. I’m also aware of the fact that international politics works on the basis of UN defined ‘atrocities’ and “Responsibility To Protect”, “humanitarian bombing” and all the rest of it, where the “definitions” are made by the groups which are of imperial interests. As per recent report of Intelligence Bureau foreign stakeholders are running Dalit movements and Women atrocities movement within the homeland of India. But, is that the reasoning behind 33% ban on male candidates in state police? Is that the reasoning for 50% ban on men, in certain panchayat/municipal constituencies? Is that the reasoning for total ban on men in certain public transportation? Is that the reasoning for no legal protection for men under Domestic Violence Act, Workplace Harassment Act so on and so on… What I failed to understand is, is there any boundary for this provision? Is it open for abuse? Where to draw the line and say enough is enough? In olden days missionary-imperialist nexus consciously and deliberately gave undue privileges to certain groups of people on the basis of physical differences, brand them into various sects in order to divide, rule and wipe out all national identity and cultural heritage. Are we facing the continuation of their same agenda using tactically improved ways towards their unattained goal?
Don’t get me wrong, I’m not against financial support/relief/compensation/penalty or any such legal jargons. I’m just trying to understand what are we gaining by total systemic neglect towards half of the population? It has gone to the extend that our State records rarely have the word children, its “Girl Child” now! Is this a step forward or several steps backwards? Would un-opinionated people of India, if there are any left, wake up and say no to this propaganda politics and start asking for reasoning?
The following is the information collected through application under Right To Information Act, so far, from a small jurisdiction in India. Please pay attention to the verbiages highlighted and also the figures in the table given below.
Plato, the architect of feminism.
Posted on: March 2, 2013
There has always been multiple arguments about the origin of feminism. Some believe it is owned and funded by capitalists to bring women to the workforce so as to boost the sales and hike the prices/profits. Some believe feminism was formed as a women’s wing of radical communists/socialists to bring them to workforce, tax everyone, dismantle families and take ownership of kids, and there by establish a totalitarian state.
Recently, I happen to listen to Dr. Rajiv Dixit’s speech comparing Indian and Western civilization. He claims to have done plenty of research on European culture and India culture. Most interesting to me, in his speech, was his references to Plato’s concepts of feminism dating back to 420BC! His comments were unbelievably insane; so I decided to do a fact check. Here is what I found in Plato’s one of the great works, The Republic. I’m totally astonished by the way Plato, Socrates and others approach an issue in question and how they reach a conclusion. It is a philosophical marvel that is guaranteed to take you to the higher levels of your thoughts.
This book is all about philosophical answers to “What is Justice?” and “What does one’s ‘right’ mean”? In the process of analyzing and explaining these questions, Plato visualizes an ideal State, its citizens and their roles in the society. It is a highly intellectual discussion took place at the residence of Polemarcus in port of Athens. Socrates, Thrasymachus, Plato’s elder brothers Ademantus, Glaucon and few others were also parties in this discussion. Information provided here are from the book that you see in the picture above; I’ve borrowed only a few lines out of 408 pages and I’m sure this will encourage you to buy and read the whole book.
Plato was influenced by Spartan society and some of the features of his own ideal society are borrowed from it. Spartans were a military caste, in which the individual was rigidly subordinated to the community. When a child was born it was submitted to the inspection of the heads of the tribe, and if they judged it to be unhealthy or weak, it was exposed to die on the slopes of Mount Taygetos. They had a high repute for chastity; but if the government directed them to breed children for the State, they had no scruples in obeying the command, though it should involve a violation of the sanctity of the marriage-tie. Plato calls it Timarchy, and also criticizes its exploitation of the lowest class as a wrong relation between ruler and ruled, liable to lead to serious disunity. He criticizes its intellectual limitations.
The population of Athens when Plato was born was perhaps 200-300000 including men women and slaves; and Athens was by Greek standards large. In its democracy the vote was confined to the adult male citizen population. Greeks never invented representative government, and the sovereign body at Athens was the Assembly, a mass meeting of all adult male citizens. One of Plato’s own criticisms of democracy was that its politicians constantly mislead it, governing by propaganda rather than reason.
‘The Republic‘ has three modules regarding women and family as follows:
The Status of Women
Here it is identified that the only difference between men and women is one of physical function – one begets, the other bears children. Apart from that, both can and both should follow the same range of occupations and perform the same functions; though men will, on the whole, perform them better. They should share all duties, though we should treat the females as the weaker, the males as the stronger. Can you use any animal for the same purpose as another, unless you bring it up and train it in the same way? They figured, we shall have to train the women also, then, in both kinds of skill, and train them for war as well, and treat them in the same way as the men.
For the purpose of argument they also question themselves, what professions or occupations in the structure of society men and women are differently suited by nature? They said, we need not waste time over exceptions like weaving and various cooking operations, at which women are thought to be experts, and get badly laughed at if a man does them better. So in general, one sex is much better at everything than the other. A good many women, it is true, are better than a good many men at a good many things. There is therefore no administrative occupation which is peculiar to woman as woman or man as man; natural capacities are similarly distributed in each sex, and it is natural for women to take part in all occupations as well as men, though in all, women will be the weaker partners. As they are the weaker sex, we must give them a lighter share of these duties than men.
Marriage and Family
Here is the biggest wave that is going to drown you for sure; Plato is of the opinion that if men and women are to lead the same lives, the family must be abolished. But the sex instinct has to be satisfied and controlled, and new citizens produced. Plato therefore substitutes for the family a system of eugenic breeding analogous to that used in breeding domestic animals. He says, “that our men and women Guardians should be forbidden by law to live together in separate households, and all the women should be common to all the men; similarly, children should be held in common, and no parent should know its child, or child its parent. We must, if we are to be consistent, and if we’re to have a real pedigree herd, mate the best of our men with the best of our women as often as possible, and the inferior men with the inferior women as seldom as possible, and bring up only the offspring of the best. And no one but the Rulers must know what is happening, if we are to avoid dissension in our Guardian herd”.
The plan laid out for the kids here is, “officers will take the children of the better Guardians to a nursery and put them in charge of nurses living in a separate part of the city: the children of the inferior Guardians, and any defective offspring of the others, will be quietly and secretly disposed of. They will arrange for the suckling of the children by bringing their mothers to the nursery when their breasts are still full, taking every precaution to see that no mother recognizes her child; if the mothers have not enough milk they will provide wet-nurse. They will see that the mothers do not suckle children for more than a reasonable length of time, and will hand over all the sitting up at night and hard work to nurses and attendants”
Promotion Demotion and Infanticide
What he says about promotion and demotion runs as follows: “ You will remember too that we said that the children of the good were to be brought up, and those of the bad distributed secretly among the rest of the community; and the Rulers were to keep an eye on the children as they grew up and promote any who deserved it, and degrade into the places of the promoted any in their own ranks who seemed unworthy of their position.” Here the ‘secret distribution‘ of the Timaeus is very similar to the ‘quiet and secret disposal‘ of The Republic. To sum up, Plato seems to have sanctioned infanticide(1) of defective children (the grounds here would be eugenic), (2) of children born to over-age Guardians (eugenic grounds again) (3) of children in any sense illegitimate (ie. Conceived in contravention of the laws regulating the relation of the sexes).
Conclusion
Most of you might be familiar with some of the words (not original concepts) mentioned here; eugenics, infanticide, abolishing family, nurseries, day care and all the rest of it. After reading this, you should be aware of its origin and if you still have no clue why you are hearing these in your day to day life, as if someone is trying to implement these ideas on a global scale, I would recommend you to watch this “UN Agenda 21 EXPLAINED, full version”.
If you are interested to watch Rajiv Dixit’s speech you may watch it here in YouTube “Bharat Aur Europe Ki Sabhyata Aur Sanskriti by Sri Rajiv Dixit”
उत्तिष्टता जाग्रता प्राप्यवरण निभोदता
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3 member Justice Verma committee wrote 644 pages long report in 18 days [last date to submit deliberations was on Jan 5 and report came out on Jan 23rd, hence 18days; skeptics can add few more days at will] after scrutinising about 80000 deliberations submitted by public!!! Unbelievable huh? Whatever it may be, lets assume that they did it, they did a great job! Let us assume there was no involvement of political hyenas waiting for the right event to push their hidden agenda. Let us not be cynical and go over the report in nondiscriminatory way. Before we peep into this monster report let me remind you the purpose for which this committee was constituted; The report itself says “This Committee was constituted by Govt of India Notification No. SO(3003)E, dated Dec 23, 2012 to look into possible amendments of the Criminal Law to provide for quicker trial and enhanced punishment for criminals committing sexual assault of extreme nature against women”. If your brain is not over-sensitised and biased towards women I would solicit your attention to this critical analysis.
First of all let me point out the unprecedented references to United Nations in the report. Justice Verma, please enlighten me with India’s constitutional liability, if any, towards meeting the UN agreements, rules, regulations, goals and standards. Why would a sovereign nation’s law making process ever consider the UN orders and obligations towards them? Are we subservient to Rockefeller’s United Nations? Were the committee got paid by the tax payers or by the globalists?
Interestingly enough, this committee made an astonishing finding that the main villain is “patriarchy” that impairs the dignity of women. During the 30 days period this committee had contacted several government authorities like Delhi police commissioner, chief minister, CBI, National commission for protection of Child Rights, National commission for women, various registrars of high courts across the nation, so on and so forth; but I couldn’t find any questions asking for the role of this main villain in the offenses committed in their respective jurisdictions. Since their responses are not included in the report I don’t know how did the committee reach this conclusion!
If I get the concept of patriarchy right, it is a form of social code-of-ethics and conduct practiced by some religious communities where men takes the role of protector and provider, and women live a life free of cost. A peculiar setup in which, from cradle to grave everything is provided to women. Now Justice Verma committee recommends to shift that role, not to the sovereign women, but to the government. Remember, this is a government which do not even recognise the value of time, the need to have proper sanitation, even the need of enough public latrines and don’t know how to run the ones that exists! First they make enough draconian laws to boot away men from women and then pull the plug; just the way Aadhaar scam worked, first they announced cash transfer to lure the naive and strip the entire public off of their privacy and valuable information, put them all in a database like criminals, then they say cash transfer is possible only after everyone gets bank account!!! I know, I know you are lost; but don’t worry read on, I will try my best to clear the smoke screen.
There are some excellent recommendations in this report which definitely deserve some applause. In general most of the suggested amendments are gender neutral. Recommendation to introduce separate sections for gang rape, repeated offenses and differentiating rape from other non-violent assaults are laudable. Report also lays out a clear procedure of investigating sexual assault cases. Here I’m listing only those that caught my attention and I feel inappropriate.
This committee lays out a long description about female feticide, infanticide, malnutrition, tradition and religious practices, Khap panchayaths, honor killing and all those typical radical feminazi arguments and failed to quote any references or citations to the basis of those claims. None of these are backed by any scientific studies or surveys and to my knowledge these are not gender issues. And then the report says,
“In view of the above, we come to the following conclusions and make the following recommendations:”
As far as prevention of rape is concerned, (which is obviously not the set goal of this committee) the suggestions set forth by this committee are very silly like installing street lights, provide sanitation, outlaw tinted glasses on vehicles, increase police patrol etc. There is no constructive plans laid out to overhaul the totally dysfunctional justice system.
Committee decriminalise child sex or encourages it?
Committee recommends that the age of consent be reduced to sixteen. It says, this is not to criminalise consensual sex between two individuals even if they are below eighteen years of age. This is because UN convention on child rights 11th December, 1992 said so and Government of India has acceded to that. See, now Rockefeller’s United Nation decides at what age kids in India can have sex! Unless and until we have veto power in UN we should not honor any of the madness they create. Why didn’t the committee recommend to amend marriage acts to reduce the marriageable age? Is it intended to create a community of unmarried teen parents?
When the right of private defense of the body extends to causing death:
The present suggestion to amendment IPC Section 100 is gender neutral and fits quite well in a genuine crime scene. But the suggested clauses like intention of committing rape, unnatural lust, intention of kidnapping or abducting are extremely hard to prove. What is the definition of “unnatural lust”?
Reading it together with the other suggestion of recognising sex without consent inside marriage as rape and the numerous murder cases where men and women are murdered for money or extramarital affairs, this clause, if implemented, will only do more good to such murderers than to genuine rape victims.
166A. Public Servant knowingly disobeying direction of law
This suggestion recommends to punish those officers, with imprisonment for a term which may extend to five years rigorous imprisonment and fine, who do not record information given to him under Section 154(1) of the Code of Criminal Procedure; but it only applies to a handful of sections!!! Is it any less crime if they do so in other offenses?
More over considering the magnitude of the abuse of other women centric laws like domestic violence act, 498(A) and even the existing rape clause “sex based on marriage promise”, this clause, if implemented, will open up new greener pastures for unscrupulous women and will over-burden judiciary and tax payers.
326A.Voluntarily causing grievous hurt through use of acid etc:
This is an attempt to classify a crime based on the tools used for the assault which appears to be very naive and not well-thought. More over, it will bring 10+ years of imprisonment for a crime as minor as leaving a scratch, cut or bruise; to me it looks like an attempt to target the Muslim community as it includes genital mutilation; all under the cover of acid attack!!! Point to be noted is that “Irreversible damage” is not a precondition here. As I mentioned above, now it is gender neutral but worth keeping an eye on.
354. Sexual Assault and Punishment for sexual assault
Committee failed to define the offense in an unambiguous way leaving lots of confusion that can result in total destruction of basic human values and will lead to utter chaos as what happened in domestic violence act and IPC498(A) cases.
(a)Intentional touching of another person when such act of touching is of a sexual nature and is without the recipient’s consent;
What is the definition of “sexual nature” here? Is that depending on the perspective of the judge who hear the case or is that based on the perception of the ‘victim’ or something else? Should the consent be written, oral or should no-news be considered as good-news? At what point a gesture of affection become assault, is totally missed out in this recommendation.
Section 375: Rape
Here, taking out the most absurd clause “sex under the false promise of marriage” is extremely laudable. Hi-fives to Justice Verma. If passed into law, this will definitely reduce heck load of work off the shoulders of police and judiciary for sure. Even though the language of definitions are generally gender neutral and acceptable the following explanation is bit icky.
Explanation III: Consent will not be presumed in the event of an existing marital relationship between the complainant and the accused.
Explanation IV. – Consent means an unequivocal voluntary agreement when the person by words, gestures or any form of non-verbal communication, communicates willingness to participate in the specific act.
Provided that, a person who does not offer actual physical resistance to the act of penetration is not by reason only of that fact, to be regarded as consenting to the sexual activity.
It is icky not because the definition is unclear or wrong, but because it undermines the legitimacy of a relationship which is considered to be sacred by many. If a couple cannot find agreement in the act of exercising fundamental bondage, they shouldn’t be living together in the first place; neither that relationship is eligible to be called as marriage. In the case of Sexual harassment at workplace bill, the main argument for not making it gender neutral is by challenging the number of incidents of such harassment happened to men. In this particular case of marital rape, it would be easy to collect medical reports if any such violent incident ever occurred, but none got cited here. This provision only helps to simply deny consent as an afterthought and so doesn’t attract any merits. I know this is an imported piece of legislation from morally underdeveloped western countries. Until we lay out a proper investigation procedure and legislating prenuptial agreements, this piece of recommendation has to be totally discarded. No spouse should bet 7+years of their life (possibly their very life itself, if IPC100 recommendation becomes law) to run a family. What is the need to make the institution of family so ugly, dangerous and a hostile environment? If the goal is to reduce population by discouraging marriages, let me tell the committee with all due respect, it’s not to meet this purpose that we tax payers paid you.
CrPC Amendments
Amendment to the proviso to section 160. Lifting the age limit of boys from 16 to 18 is greatly appreciated. The investigating officer will have to record his statement at his own residence.
Insertion of Section 198B:
Wife can accuse husband for rape and court has to take cognizance but if husband does the same courts cannot! Husband has to go the police file a complaint, and convince the police and at the mercy of the officer he may or may not get justice. Is this the constitutionally guaranteed equality before law as per Justice Verma? Embarrassing!!!
AMENDMENTS OF THE INDIAN EVIDENCE ACT, 1872
Amendment to Section 114A
‘114A. (1) In a prosecution for rape under sub-section (2) of section 376 or for gang rape under Section 376C of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the other person alleged to have been raped and such other person states in his/her evidence before the court that she or he did not consent, the court shall presume that she or he did not consent.
This is the most notorious and shameful suggestion in the whole report. Conviction based on Presumptions and assumptions are a total disgrace to any modern justice system. This contradicts with the basic principles like “treating innocent until proven guilty”, proving an offense “beyond reasonable doubt” and also takes away the inherent right of judiciary to apply its mind!!! If implemented, it will enable any women to file rape suite after any type of intercourse; whether paid or unpaid. It opens up the pandora box for the blackmailers and retaliators totally discarding natural justice!. Shame on you Mr. Verma!
Amendment to Section 146
“it shall not be permissible to adduce evidence or to put questions in the cross- examination of the victim as to his or her general moral character, or as to his or her previous sexual experience with any person.”
Hard coding moral rules into an Act is not a progressive step. I am not a proponent to put restrictions on what to ask or what not to ask. Lawyers should ask this this and this, don’t ask this and that, court should presume this this and this, assume this or that; what is going on here? Is this recommendation coming from a former Chief Justice? Absurd! It may, if otherwise earth is going to stop oscillating, fit in the Bar Council Rules but definitely not in any Act or code.
AMENDMENT TO THE ARMED FORCES (SPECIAL POWERS) ACT, 1958
This one has already gained its fair share of criticism. See what Times of India reported.
“I have almost 1,000 personnel under me, and they are spread across some five kilometres. They could go on leave, or temporary duty. How am I to ensure their sexual conduct throughout the year, 24 hours a day?” asks a Commanding Officer of and army unit.
Some obvious questions.
I hope now you got an insight about the rotten and stinky parts of this report. Do you think it is for the good of the society to have this kind of irrational laws? Do you think it is for the benefit of women in the long run or even in the short run? Do you think these are human errors? Do you think this is a step forward, as a society? Do you think it will improve our civilisation? If your answer to any one of those question is ‘No’ what would you think is the reason for this “mistake”? What are the chances that this report is highly influenced and politically inflated? What is the reason to allocate several pages bragging about constitution, gender equality and what not, but at the same time lay out a SEPARATE bill of rights for one gender? Isn’t this an attempt by a political party to play the good samaritan role; the savior of women; the champion of women empowerment and the chances of that party is so weak and feeble in the upcoming election? Do you have at least 10% hope in implementing 1% of this report? Do you think it is a political gimmick wasting tax-payer’s money? Do you think there is external influence in destabilising our social fabric? What could be the reason to include baseless unscientific unproven feminazi delusions in this report? Why is UN so important for internal law making of a sovereign nation?
New World Order operative’s plan to destroy the foundation of our nation is working out pretty well.
Morons in India are applauding it as women empowerment.
Who is the single largest sponsor of feminism? Rockefeller Foundation…
Where is UN head office sitting? On Rockefeller’s property (though donated)…
Who is running ICICI bank? The Rockefellers…
Who is running Council on Foreign Relations (CFR)? The Rockefellers…
Who wants to implant RFID chip on every human being on earth? The Rockefellers…
What is the first step towards RFID? Aadhaar/UID
Who is Rothchild’s puppet? The Rockefellers…
Who wants to introduce Aadhaar/UID in India… THE BANKS…..
Who is the the Father of RBI? Lord Rothchilds….
Who is the financial advisory of Govt of India? The Rothchilds
Read “Is boy preference a brain product of CFR” and learn more.
उत्तिष्टता जाग्रता प्राप्यवरण निभोदता
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Wish you all a very happy new year.
May this new year give you all the strength to forget and ignore the pain of thousands of rape victims; adults and minors.
May this new year give you all the powers to give a blind eye towards all those who are facing false rape and other false allegations.
May this new year bless you with tremendous intelligence to find umpteen reasons for not involving in sociopolitical issues.
May this new year shower you with all the energy to simply sit and watch your civil rights, hard earned by your forefathers, eroding away.
May this new year grace you with a strong heart to watch your kids battling to get back the civil rights that their parents easily let go.
May this new year bring you all the necessary forgiveness to accept the misdeeds of corrupt politicians.
May this new year bring you enough patience to remain silent when your government screw you left right and center with artificial scarcity, unreasonable taxes, inflation and substandard living conditions.
May this new year bring you extraordinary hope to believe and trust anything and everything that you find in the media.
May this new year bring you creative thinking to stay in the illusionary world that the media creates for you.
May this new year make you comfortable in the UID/Aadhaar database, like a criminal, and accept the betrayal.
May this new year bring enough light from the uranium power plants so that you don’t need to see the darkness of Bhopal.
May this new year bring you more imports through Walmarts so that Vidharbhans can quit suicide.
May this new year bring you ample humor sense so that you can make fun of all battered husbands.
May this new year make you brave enough to call those husbands ‘cowards’, who are committing suicide every 9 minutes.
May this new year bring you enough reasoning ability to call every single suicide of a wife, dowry death and every intercourse a rape.
May this new year bring religious and spiritual enlightening to believe that everyone else’s believes are crap.
May this new year give you deep slumber so that you can remain in the dream for a better India and don’t do a damn to achieve that.
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In less than a month after Justice Katju mentioned that 90% of Indians are idiots we have witnessed big demonstrations and violence in the name of “seeking” justice. I don’t think Katju was commenting about the IQ level of the people; he was pointing to the fact that how easy it is to trick the people using mass media. I do believe that majority of the masses do not have the time or interest in fact checking. They possess a strong belief that whatever media provides is ‘authentic’ truth. Apparently there is no reason to disagree that with a few exceptions. But the problem lies in ignoring the fact that, what media provides is only a portion of the truth. This is not intended to blame the media or discredit their work because like any other industry they are also working for profit. Most of them follow at least 60-40 ratio where 60% of the time/space is allocated for advertisements and 40% for news. So what we get is the “limited” amount of facts where that “limited” content will be the most sensationalised part of the facts.
Let us analyse the most recent incident. Well utilized RAPE in the recent history attempted to shed a great deal of light about that. What happened here is to cherry pick a real (read on and you will get why I said ‘real’) incident of rape and sensationalise it to the maximum possible extent so as to condition the thoughts of the masses to link to this incident when ever they hear about the word “RAPE”. It didn’t stop there; today one of the prominent malayalam news daily reported with the title “Increasing assaults; Only one fourth end up in conviction”. They also claim that India stands 3rd in the number of rapes with no mention about where that statistics come from. Here is what I found from UN International Statistics on Crime and Justice
Since people (most probably journalists too) do not spend time on fact checking they are not aware about the legal definition of rape neither they are aware of the proposed amendments in discussion. Those who are interested may read “Don’t make law against Rape – It’s our right”, says women! In Naom Chomsky’s words, this is Manufacturing Consent.
Well parented law abiding good citizens, having high level of values may question that why would anyone oppose a good intended amendment. Here is where the importance of fact checking matters the most. The report talks about 2,56,329 cases towards female assaults quoting National Crime Records Bureau statistics. Did they cheat you with the numbers… probably not.. Apparently, the numbers are slightly bigger as of 2011 reports
| Category |
Cases Reported |
KIDNAPPING & ABDUCTION OF WOMEN & GIRLS |
35565 |
MOLESTATION |
42968 |
SEXUAL HARASSMENT |
8570 |
CRUELTY BY HUSBAND AND RELATIVES |
99135 |
IMPORTATION OF GIRLS |
80 |
TOTAL CRIME AGAINST WOMEN (IPC+SLL) |
228650 |
RAPE |
24206 |
DOWRY DEATHS |
8618 |
| Total |
261474 |
That much shows the numbers and categories. I haven’t made my point yet and that is to expose the truth that everybody knows. Yes, I mean it; everybody knows why the conviction rate is very less. Here is how…
Kidnapping and abduction of women and girls – Most of the cases that falls under this category are filed by relatives of women/girls who have made their own conscious decision to live with someone whom they chose as life partners. When relatives do not like that relationship or when they are unable to locate the missing woman/girl, they will file the case. Few days later after the marriage registration is done the couple show up but the case remains at the same state waiting for the legal process to complete.
A great deal of abduction cases are filed against fathers if the relationship is entangled in a divorce battle. This is done as way to take personal revenge or to ensure a bigger ‘settlement’ amount for the mother.
Molestation – It will be hard to finda kidnapping/abduction of women/girls FIR where there is no molestation charge in it. Does that warrant any explanation why someone kidnap or abduct a girl/woman? Again this is a divorce weapon widely used against fathers. I’ve first hand information from an NRI who is facing this charge for “molesting” his 2 year old daughter as part of his divorce battle!!!
Sexual Harassment – This is simply a made up category that comes under the penal provision “Outraging the modesty of a woman”. It is usually unable to prove unless there are multiple witnesses. But in those cases that i’ve reliable source of information, such a case is reported only when there are witnesses; in other words, when a normal human intimate relationship is witnessed by others, it becomes a sexual harassment case against the male partner in order to save the “modesty of a woman”.
Cruelty by husband and relatives – Up until the middle of the first decade of this century when men started organizing themselves against the bogus complaints and legal harassment this section was considered to be a widely accepted form of “cruelty”. Thanks to thousands of TV serials, movies and several hundred kilometers worth media columns of articles. The relentless efforts of men’s group and the studies they conducted exposed the startling truth that only 1.9% of cases in this category end up in conviction. More information is available in the book “Equality for Men – Myth or Reality” freely downloadable from www.internationalmensday.in
Rape – This is the most notorious crime that can ever happen to a woman. That is a general opinion until you go and do a study on the legal definition of rape. Recently Pune police reported that 74% of the cases that they deal with are consensual sex! Even though this comes from a crooked political party I was not surprised about what this leader said, 90 percent rape cases in Haryana are consensual sex, says Congress leader.
Dowry Death – Here i’m not commenting my thoughts but just copying what Delhi High Court chief justice Shiv Narayan Dingra mentioned while acquitting a mother in law from dowry death charges in Rani Vs The State of NCT of Delhi
Charges seemed to have been framed in a mechanical manner. No effort is seem to have been made by the Trial Judge either at the time of framing charge or later on as to what offence was made out.
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Every suicide after marriage cannot be presumed to be a suicide due to dowry demand. The tendency of the Court should not be that since a young bride has died after marriage, now somebody must be held culprit and the noose must be made to fit some neck.
I have intentionally left out one category just because of the low number of cases and the likely hood of bogus cases are nil or minimal. If you have read the links mentioned above and double checked with other available sources of information you will see a big disconnect between what you see in corporate media and the reality. The figures shown and the arguments made by the malayalam daily were not untrue but when we know more about the factual truth it doesn’t add up. May be because the journalists are not subject matter experts or they are not given enough time to do proper analysis or they are not given enough space to cover the whole story, but either way readers/viewers are screwed. Still some questions remain unanswered
“If number of reported cases are the indication of rise in crime as opposed to convictions, why do we need to spend crores of rupees in running courts and law enforcements? We could directly file the complaint in jail and they can put the accused in jail with no due process of law. So, are the crime rate increasing or the rate of false and bogus complaints increasing? How are we going to ensure justice for falsely accused? Don’t they deserve the right to live with dignity just because a tiny minority of people commit violent crimes?”
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Here goes all the feminists up in arms shouting “don’t make rape laws gender neutral”. What I failed to understand is, why should we give legal immunity to certain people for committing or being party to a crime? Is it a women’s right to sexually assault men and boys? Read “Can a woman rape a man?”
Even the most conservative muslim society in pakistan have reported such incidents and they made their laws gender neutral. Read “3 women ‘dupe, kidnap, rape’ man in Karachi”
Some are claiming that there has never been any report of women raping a men and boys in India! If there is no law to protect men and boys from rape by women, where should they make a complaint and what report can we expect to come out? Apparently, the social stigma that men face in this regard is multi-fold bigger than what women face. Even sharing the ordeal will only end up in shaming comments and more distress.
Zimbabwe women accused of raping men ‘for rituals’
Just because Amir Khan conveniently ignored the sexual assault of minor boys by adult women doesn’t mean that it is not happening anywhere in India. A friend of mine told me that, he was “sexually used” by an adult woman in his family when he wasn’t even aware of what is going on. Women sexually abusing men at work place is also increasing; our government not recognizing it as a crime has given these female perpetrators an unprecedented confidence in crossing any limits whatsoever.
This is the era of slut-walks and pub-bharo demonstrations. Recently Pune police reported that more than 74% of rape cases reported last year were consensual sex. When the relationship breaks up, it becomes “rape”. India is going through a sex revolution and western culture (better say ‘western culturelessness’) is widely getting imported. National Commission for Women chair person mentioned about the dynamics of revealing attire and sexual offenses. Interestingly, all feminists are up in arms against chair person for their right to wear whatever they want and some even want her resignation! I’m not here advocating to dictate anyone’s lifestyle, but what I’m trying to point out is the double standards of feminists who are pro-western when it comes to lifestyle but when it comes to law making they take a U-turn and suddenly become anti-western! By wearing the mask of “abla-naris” and going for pub-bharos/slut-walks is making themselves nothing but clowns.
I see all these as a drama; a drama to hide the real catastrophic catch in this amendment. What this amendment does is to consider even the minor sexual offenses and give the same amount of punishments as the soon to be old “Rape”. One of the most weird clause in this bill says, continuously following a girl, loitering around a woman’s house, calling her phone repeatedly etc will also come under the umbrella of “Rape”/sexual assault. Which means if a woman complaints that a man is always seen around her house, that man may get 7+ years of imprisonment! Considering the magnitude of horrendous abuse of other women centric laws like IPC 498(a) and Domestic Violence Act, this amendment will definitely be catastrophic to Indian men. Already soaring male suicide rate is going to explode.
Folks, this is not a man vs woman fight. This is a conscious and deliberate attack on humanity itself. The central command center of India is not parliament. Those who sit there are proven to be not serving the people of India. Do your own analysis on the number of woman centric laws that got passed in past 5-10 years. It is all meant to dismantle the very genuine human relationship between a man and woman. It is designed to break all kind of man-woman bondage and mutual respect. Remove the binoculars of gender bias and try to see the bigger picture.
The Secret History of Feminism
First of all, I would like to show my sincere gratitude to all of them who supported this cause and spent their valuable time to sign the online petition. Even though the press complaints council website says that they do not entertain third party complaint, it is the success of our collective effort to be able to become a silent party in the case. I’m glad to let you know that Dr. Kalind took the SIF inoculation for the feminazi virus and jumped into this fight with all the vigor and spirit, as any person having the sense of justice would’ve obviously done. Here is the entire communication thread for your reference… (in continuation of original complaint) I hope this may help you in your future fight against MISANDRY
[PCC]
Thank you for your email.
Having conducted a search for the article in question, it appears that it is no longer available on the newspaper’s website. I would be grateful to know whether you are happy for us to close your complaint on this basis?
[prassoon]
I sincerely believe that the damage has already been made, after having the article exposed to the public for over a week. Now the question that I set forth before the honorable Press Complaints Council is to decide whether or not to take any action against the wrong doers, if it believe so, so as to prevent such mistakes in the future.
Hence, with all due respect, let me express my unwillingness to close the complaint; and also I would like to take this opportunity to let the council know how eager I am, to hear the verdict.
[PCC]
Thank you for sending the attachment. For the avoidance of any doubt, can you confirm your connection to the story.
[prassoon]
Thanks a lot. I am a reader who got fooled by the article.
[PCC]
Thank you for clarifying your position.
The concerns you have raised relate directly to Kaveri Kapoor Parashar and Kaling Parashar, the subjects of the story. Given the nature of the story – which relates to the circumstances of their marriage and significant allegations of abuse by Mrs Parashar – it appears that it would be difficult for the Commission to investigate or understand this matter fully without the involvement of one of the parties. In addition, the outcome of a Commission investigation (whether correction, apology or adjudication, for example) would need the approval of the relevant party. In such circumstances, we would generally require a complaint from Mr or Mrs Parashar, or a representative, in order to take the matter forward.
However, if you believe that there are exceptional public interest reasons for the Commission to proceed with an independent complaint under the circumstances, we would be grateful to hear from you in the next ten days.
Once we have heard from you, the Commission will be asked whether it wishes to take the complaint forward. If you would like to discuss your case before replying please do contact us. If we hear no more from you we will close our file on the matter.
If, at the end of the process, you are dissatisfied with the manner in which your complaint has been handled, you should write within one month to the Independent Reviewer who will investigate the matter and report any findings and recommendations to the Commission. For further details please use the following link:
[prassoon]
I understand the limitations of the Commission and the practical difficulties of handling international disputes. My sincere gratitude for giving me an opportunity to provide further deliberation. In my humble attempt to show the exceptional public interest in the said news article I would like to submit before the Commission the following reports
- Past 15 years Suicide graph of Spouses
http://www.rediff.com/news/report/ncrb-stats-show-more-married-men-committing-suicide/20111028.htm
- Here are couple of other news articles talking about the same https://prassoon.files.wordpress.com/2012/04/maritalstress.jpg
- http://epaper.dnaindia.com/story.aspx?edorsup=Sup&ed_code=820040&ed_page=4&boxid=26816370&id=14215&ed_date=04%2F10%2F2012
I strongly believe, the widespread misandry and glamorization of false allegations without even giving a tiny bit of benefit of doubt, result in war against spouses. Irresponsibly written news articles like this, upon which the complaint is filed, amplifies baseless allegations even before a just and fair investigation is completed, generates gender hatred on a mass scale; most of those become a prime reason for skyrocketing suicides. By acting promptly with a complaint and pulling down the news article, may be I have saved one life, may be more.
Inviting public support towards this cause, I have posted an online petition showing the questions that I’m raising before the PCC. Please find this online petition signatures here http://www.change.org/petitions/demanding-stringen-action-against-misandrist-neethu-chandra-daily-mail-press-complaints-council-uk-please-take-action .
I pray before the Press Complaints Commission to consider this petition as having exceptional public interest based on the overwhelming public support, and also by taking into account of around 11,54,000 suicides.
NB: If any of the urls are not working or not readable or if the Commission wish to get anymore details on any of the matter submitted by far, given a chance, I will be more than happy to address that.
[PCC]
Thank you for your further submission.
The Commission has now received a complaint about the article from one of the first parties to the matter and is investigating it with the newspaper.
Nonetheless, thank you for raising the matter with the Commission.
[prassoon]
Thank you Sir. Sorry to bother you with questions…. Does that mean my petition is dismissed or clubbed together?
[PCC]
Thank you for your email. We are investigating this with the party involved, so we will not be investigating your complaint separately, but we will endeavour to inform you of the outcome if possible. As you will understand, for reasons of confidentiality this is not always possible.
June 26, 2012 – Here is the final update: http://www.pcc.org.uk/case/resolved.html?article=Nzg5Mg==
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Applications under Right To Information Act are finding great success in making the Government work faster and efficiently. Here is the circular issued by Director General of Police, Kerala, (after subsequent requests through RTI) with regard to compulsorily issuing a notice from 3rd November, 2010 onwards, as per Section 41A of CrPC Amendments 2008 and amended Section 41A of CrPC Amendments 2010.
Union Health Ministry has decided to make the per vaginal (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 sex by false promise of marriage as rape. The new sexual assault bill under the consideration of parliament is going to bring all kind of sexual 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 sex. 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 sex 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?
Stand up for your rights 