Sexual Assault Law: Law or Assault?

Background and Introduction:

Before talking on this topic, I would like to take a background drift. Let’s look at the performance of women organizations as far as women-oriented laws are concerned. They have proposed, and successfully got implemented some of the worst laws ever formed which are unconstitutional in nature as they openly violate Article 15 of the Indian Constitution. Laws like Section 498A of the Indian Penal Code, the Domestic Violence Act, the Indecent Representation of Women Act, etc. have proved to be a blasphemy rather than a blessing. The long list of laws has been explained at Gender Arsenal.

The very essence of these laws is not “Women Protection” as projected, whereas the real motive is “Male Castration” as realized. One may argue that it is the implementation of the laws that is harming. But if the medicine itself is faulty, no doctor can cure the disease whether the diagnosis is proper or improper. Having said that, it’s not that the bureaucracy (that looks after the implementation of laws) escapes the blame citing, “Faulty Medicine”, however, the inefficacy and the callousness of the bureaucracy not being the core theme of the article; it will be spared for a while.

Fault Analysis:

The basic fault with these laws is that they are unscientific in nature and are drafted sans any reliable and unbiased gender research. Each of the crimes covered under these laws like dowry, rape, domestic violence, molestation, etc. are not gender specific, however the laws are! They categorically rule out,

  1. Women abusing men.
  2. Abuse within same gender which can be of two types again,
  1. Male to Male abuse and
  2. Female to Female abuse.

For dowry and domestic violence abuses, only the young wives and her natal relatives are protected and only their complaints are considered genuine, rest all complaints are thrown into the legally untouchable category of disgruntled complaints and the whole process is so designed that the complainant (other than the young wives and her natal relatives) is punished by way of procedural implementation.

Similarly for rape, molestation, etc. male victims are categorically the legal untouchables.

Sexual Assault Law:

However, recently, a lot of hue and cry was being made for changing the definition of rape and to bring “Sexual Assault” and “Rape” at par on lines of the 172nd recommendation by the Law Commission of India.

Emerging men’s rights organizations, gaining strength by the day, vehemently opposed the idea. They also initiated a mass nationwide letter and postcard campaign urging the Govt. of India to take the views of the men’s rights organization into consideration as well. Not only that, one of the men’s rights activist from the Save Indian Family movement also filed an application under the Right to Information Act, 2005 (RTI Act) seeking information pertaining to the bill from the Law Commission of India.

Shocking revelations:

Shocking and baffling facts have emerged from the reply received to the RTI application from the Law Commission of India.

The reply clearly and aptly exposes how some women organizations like the National Commission for Women (NCW), the All India Democratic Women’s Association (AIDWA), with vested interests, are introducing gender-biased and anti-male aspects, to otherwise gender neutral provisions and recommendations which Law Commission of India prepared in the interest of justice and equity.

The reply also exposes the biased approach by the Law Commission of India in allowing a gender biased and anti-male NGO like AIDWA in the law drafting and review process. When asked for the documents justifying the inviting of an NGO into the law drafting and review process and that too only a women’s NGO, the law commission drew a blank and gave a very vague reply.

The suggestions provided by the AIDWA clearly include statutory language by addressing the accused as a universal, “HIM” and the complainant as a universal, “SHE”. This fact clearly proves the problem that was raised in the “Fault Analysis” section above as true and correct. The male victims and the female aggressors, and the same gender abuse issue, has been intentionally and categorically left out by the vested and anti-social women’s organizations. This is nothing less than a CRIME AGAINST HUMANITY.

The well known NCW was also no less behind AIDWA in perpetrating male hatred under the barb and paradoxical veil of women laws. The NCW has made recommendations to remove the gender-neutrality of the proposed Sexual Assault in order to neuter the male gender. It proposed a private bill to be passed which was of course completely gender biased, anti-male, unconstitutional and anti-social in nature, over and above the gender neutral recommendations of the Law Commission of India.

Internationally acclaimed and established studies like the Murray Strauss Report have candidly established the overtly emotionally aggressive nature of females, especially Indian females, well capable of victimizing men and yet our great lawmakers do not find the necessity to protect the males, from not only such abuses by women but also from false allegations of abuse on men by women, at the behest of these vested anti-male women organizations.

Systematic bias against men:

When asked about the details of any men’s rights organizations, the Law Commission of India contacted for drafting the provisions mentioned in the 172nd report of recommendations containing the recommendations for the Sexual Assault Bill, the Law Commission reply stated thus,

As per 172nd report, no men’s NGOs or NGOs other than Women NGOs were invited by the Law Commission of India for consultation on the subject.

As has already been mentioned in the “Background and Introduction” and the “Fault Analysis” sections about the functioning of these so called women NGOs who actually perpetuate male hatred in the society and incite gender wars to realize their sinister agendas, the Law Commission of India is acting like yeast for the bacteria.

By openly inviting only biased anti-male and male hater women organizations to have their say in a law which will affect both men and women; the Law Commission of India is providing a platform to initiate a systematic bias against men.

As per annual reports on “Accidental and Suicide Deaths” prepared by the National Crime Records Bureau, every year close to 80,000 men are committing suicides compared to around 40,000 women. Such a phenomenally high suicide rate amongst men is clearly due to the lack of protection available to men and the absence of a proper communication channel for men.

Compounded with the fact, is the presence of anti-male women organizations and their patrons who systematize the whole process of “Castration of males” and make it look like a social service. At the same time, they do not hesitate in projecting issues of women as social problems and demand more of social service to reduce social problems. Hence, under the mirage of women empowerment, male entrapment goes on unchallenged.

However, enough is enough and now such assaults on men in the name of law will no longer be tolerated.

Conclusion:

Such a law making process is fascist in nature and not one that can be followed and allowed to play havoc with the lives of people in a democratic country like India. Democracy is not a mockery.

Men’s rights activists demand that the recommendations made by the NCW and AIDWA be dropped and the original gender neutral provisions by the Law Commission as per their 172nd report be restored and included in the draft of the Sexual Assault Bill.

Above analysis also clearly shows how, humane and gender neutral recommendations by the Law Commission are overruled and neutered by anti-male and gender biased recommendations by NCW and the likes. Such practices are ruining the social fabric and increasing crime in the society by inciting an uncalled for gender war and thus organizations like the NCW and the AIDWA should be shut down and no funds should be given to them for further perpetration of male hatred in the society.

Also, the current socio-political scenario calls for the formation of a National Commission for Men (NCM) and a Men’s Welfare Ministry (MWM). The NCM will study issues of men and send recommendations to the Govt. of India for addressing the same which will be implemented by the MWM.

The NCM and MWM will also ensure that anti-male laws will not be drafted or proposed before the Cabinet wherein the law itself is an assault. Having said that, I conclude here by saying that the current form of the Sexual Assault Law, containing gender biased anti-male provisions from the NCW and the AIDWA, is not a law but an assault on men. And such a systematic assault in broad daylight is being made at the patronage of the Govt. of India. Choice belies with the Govt. if it would like to take this blame onto itself.

Else the Govt. can always,

  1. Stop funding to the AIDWA and the NCW and shut them down.
  2. Scrap their recommendations in the Sexual Assault Bill.
  3. Restore the original gender neutral recommendations by the Law Commission of India.
  4. Form a National Commission for Men.
  5. Form a Men’s Welfare Ministry.

The said RTI and the reply received are available for reference at,

  1. The application under the Right to Information Act.
  2. The reply received from the Law Commission of India.
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