False Rape Charges on the Rise – (Part 2)

I was recently reading a news article wherein lawyers and activists had demanded that a trial court judge should not be allowed to preside over rape cases as he had a patriarchal morality. On reading through the detailed judgment we find the following:

  1. The woman made contrary statements on when they had sexual intercourse. In one statement she said, the first sexual intercourse was in the year ‘X’ and during cross-examination she stated that the sexual intercourse was in the year ‘Y’. There was a wide difference in the years made in the 2 statements at different times.
  2. The woman herself stated that the boy did not give any time frame for marriage, therefore had no guarantee when the boy would marry her. Hence, she ought to have been circumspect before giving her consent for sexual intercourse.
  3. The emails and chats provided by the boy show a completely different picture. It showed that the woman was insisting the boy to have sexual intercourse with her and the boy was not inclined to the same.
  4. There was no indication in the emails and chats that the boy had made any promise of marriage to the woman and that she consented to sexual intercourse with the boy only for that promise and in fact, sexual intercourse had taken place between the two.
  5. The woman was a major when she started chatting with the boy. Further, she was well-educated and working in an office job with a reputed company in a large metropolitan city. She was an independent woman and had resided on rent alone in the large metropolitan city since the past few years.

Based on the facts the learned judge stated that –

“In my opinion, every act sexual intercourse between two adults on the assurance of promise of marriage does not become rape, if the assurance or promise is not fulfilled later on by the boy. When a grown up, educated and office going woman subjects herself to sexual intercourse with a friend or colleague on the latter’s promise that he would marry her, she does so at her own peril. She must be taken to understand the consequences of her act and must know that there is no guarantee that the boy would fulfill his promise. He may or may not do so. She must understand that she is engaging in an act which not only is immoral but also against the tenets of every religion. No religion in the world allows pre-marital sex.”

Based on the facts of the case and reading the statement in context it does not seem that the learned judge had any patriarchal mindset as stated by various activists. This seems to be a progressive judgment based on facts in which a boy was accused of a false rape charge. Strong contrary facts to the above were found during trial.

Many activists are stating that such judgments have a serious impact on the society, as victims become scared of complaining by seeing the attitude of the courts. This is a very flawed and incorrect argument, as there is no accountability whatsoever for filing a frivolous complaint by the woman primarily because of:

  • Her identity is protected and hence filing a frivolous complaint has no public backlash for her. Whereas the accused’s life is totally destroyed due to her frivolous complaint.
  • As a public prosecutor is provided to the woman, there is no financial drain on her resources.
  • There are hardly any consequences in Indian law for filing a false rape case. (though a perjury case may be filed)

One accusation from a woman makes the man a criminal, one accusation destroys his career and one accusation drains out his savings on legal recourse for defending himself.

False rape complaints are a menace to the society and stringent action should be taken against them, the NCRB data below speaks for itself.

Rapes


‘% of convicted cases’ has been calculated as a percentage of the number of incidents reported during the year. (ie. Number of cases in which convictions were made during the year / Number of reported incidents during the year)

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Decision making by Women – India

Decision making by women is considered as a yardstick for women empowerment and it is stated that in a patriarchal society women generally donot have decision making powers. It is believed that in a patriarchy, women are treated as puppets and chattels and are typically directed around. In my earlier article titled Child Gender Preference – India, we discussed the gender preferences in so called patriarchal states of India. Let’s analyze the decision making by women in some of these states:

Married Women aged 15-49 yrs who usually participate in household decisions

Area

%

Haryana

81.0

Punjab

75.7

Delhi

74.4

Himachal Pradesh

73.6

Uttarakhand

67.3

Jharkhand

63.5

Chhattisgarh

59.3

Uttar Pradesh

54.2

Rajasthan

42.8

Bihar

41.6

The north-eastern states of India are typically considered as matriarchal societies. The decision making of married women in those states were found to be considerably lower than the patriarchal states:

Married Women aged 15-49 yrs who usually participate in household decisions

Area

%

Meghalaya

69.8

Assam

61.1

Nagaland

56.7

Arunachal Pradesh

46.0

Mizoram

44.9

Manipur

41.6

Tripura

22.8

It would be great if someone could explain me the reasons for this difference in household decision making and as to why women in so-called patriarchal states enjoy a higher decision making power as compared to women in so-called matriarchal states. Or is it that India is ‘not’ a patriarchal society as touted, but infact an ‘egalitarian’ society?

You Decide ….

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Data Source: MoHFW_National Family Health Survey, 2005-2006, Ministry of Health and Family Welfare, Government of India, New Delhi_2007

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Child Gender Preference – India

In recent past I have read news articles wherein gender ratio is linked to patriarchal societies. This seems to give an impression that patriarchy is a reason for lower gender ratios in states such as UP, Delhi, Punjab and Haryana. Let us delve deeper into  the preference of married persons for the gender of their child in these so called patriarchal societies.

Married persons (age 15-49 yrs) who want more Sons than Daughters – %

Area

Mother

Father

Bihar

39.2

38.5

Rajasthan

34.3

24.0

Uttar Pradesh

33.5

27.8

Madhya Pradesh

30.8

27.9

Jharkhand

28.1

24.6

Orissa

24.2

20.3

Gujarat

22.7

20.0

Haryana

22.0

18.4

Uttarakhand

20.7

13.6

Punjab

17.7

13.4

Further, for Haryana, Rajasthan, Bihar, and Jharkhand more men want daughters than sons as compared to women.

The above data shows that in the so called patriarchal societies of India it is the womenfolk who prefer sons over daughters as compared to men, and that too over a wide margin. The lower gender ratio in these states could be due to this preference of womenfolk. It would be great to know how come this gender preference of women be related to patriarchy, as claimed…

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Date Source: MoHFW_National Family Health Survey, 2005-2006, Ministry of Health and Family Welfare, Government of India, New Delhi_2007

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Homeless Men

In the recent census data for 2011 about 1.05 mn men were found to be homeless with over 600 thousand in cities. Around 1.8x times more men were found to be homeless in the urban areas as compared to women. The situation was not very different in the rural areas where more men are homeless as compared to women. The all-India average is at 1.4x times more homeless men.

As per census, homeless people are considered as people who live in the open on roadside, pavements, in hume pipes, under fly-overs, staircases, or in the open in places of worship, mandaps or railway platforms.

It is majority men who are homeless and still we call it a patriarchal society and state that women are homeless. A marriage amendment law is being proposed which envisages giving the share of man’s property to women and one of the justification is that majority of the women are forced on the streets in the event of a marital break-up. The census houseless data proves otherwise.

What do you plan to do for the houseless men of India? Let us all Stand up for a cause…

Homeless Indian Men

Homeless Indian Men

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