Mr. Rebates

Wednesday, December 1, 2010

Criminal Law Amendment Bill, 2010

Apr 1, 2010

The proposed Criminal Amendment Bill, 2010 is patently "anti-men" and is should be opposed by men. Draft amendment bill is available here:

Proposed Section 375 defines "Sexual Assault" as,
"A man is said to commit "sexual assault" if he –

(a) penetrates the vagina, the anus or urethra or mouth of any woman with
(i) any part of his body; or
(ii) any object manipulated by such man
except where such penetration is carried out for proper hygienic or medical purposes;

(b) manipulates any part of the body of woman so as to cause penetration into the vagina, the anus or the urethra of the offender by any part of the woman's body;

(c) introduces any part of his penis into the mouth of woman,
under the circumstances falling under any of the following six descriptions:-"
Thus the definition of "sexual assault" is gender biased against men. It says three things-

A. Sexual assault can be committed only by "Men".
B. Sexual assault can be committed only against a "women".
C. There cannot be any sexual assault by a woman or against a man.

There is no reason to keep such laws of sexual assault gender biased as incidents of sexual assault against men are known and widely reported. The proposed law is merely another anti-men legislation by the Government of India.

The definition of the crime is very wide. Thus if a man puts his finger in women's mouth, it is an offence punishable with minimum sentence of 7 years. However, if the same act is done by a women against a man, it is not an offence at all! Why this gender discrimination? Why the society is out there to enslave men by passing more and more anti-men laws? What wrong men have committed for which society is punishing him?
Sexual intercourse by a man without consent of a women is sexual assault. But the same is not a sexual assault if a women do sexual intercourse with a man without his consent. It is argued that women cannot force a man to have sexual intercourse without his consent! The argument is fallacious and there are reported incidents of such sexual assault on men. Further when a man's consent is taken by coercion, threat, fraud, by administering drugs or narcotic substances, consent of a minor or insane man! Why the law is hell bound to deny any avenue to justice to men who has suffered sexual assault.

It is argued that number of cases of assault on men is less. Merely because male victims of sexual assault is in minority can be no reason to deny justice to men.

Even in case of minor, a women having sexual intercourse with a minor male is not an "sexual abuse of minor".
Section 376C(1) defines sexual abuse of minor. It says that "A person is said to commit sexual abuse of minor against the minor under the age of eighteen years if the person:

(i) Penetrates his penis into the vagina, anus or urethra or mouth of the minor
(ii) Manipulates any object or part of his or her body or that of the minor so as to cause penetration into the vagina, the anus or urethra or mouth of the minor with or without the will or the consent of the minor.
Looking at the proposed definition, it is clear that a man having sexual intercourse with a minor girl is sexual abuse, however a women having sexual intercourse with a minor boy is not a sexual abuse, because in this case nothing is penetrated in the vagina, anus, urethra or mouth of the minor!
Men need to understand such nuances in the proposed legislation.

A new Section 53A is being introduced in the India Evidence Act, which says that, character of the victim is irrelevant in deciding the question of consent. It is not known as to how the question of consent is to be decided is not known. Further, the law proposes that the cases shall be as far as possible shall be investigated/tried by women. Thus through this legislation, a law is being enacted which makes gender biased penal law to be implemented by gender biased state machinery.

Various studies suggest that numerous false cases are filed alleging rape. Various studies suggest that a very large percentage of such allegations are false. Many such cases have also been reported in India media.

Despite such evidence, the proposed amendment squarely ignores any of these concerns. On the contrary proposed amendment various changes in law, procedure and evidence is being made to promote more such false allegations, to promote more extortion from men, to make is more difficult to get justice for men.
Since ages men are dying to produce food and security for everybody in the society. And now it appears that society does not need men. Through various laws, society is making dangerous for men to live. In today's world, it is greatest sin to be born as man. A man is punished for whole life merely because he was born as a man. Various suicide statistics shows that more and more men are committing suicide due to such gender biased attitude of the society and law.

Such law is coming after Law Minister promised that all laws shall be made gender neutral in four years. Just after the promise, women reservation bill was presented in the parliament. What is a gender neutral law? Women Reservation in parliament is a gender neutral law? Declaring men to be sex assaulter is a gender neutral law? Not protecting minor males from sexual intercourse by women is a gender neutral law?

The proposed amendment should be opposed because it is "Anti-men".

Rajesh Kumar - About the Author:
A Men's Right Activist. Practicing Advocate based in Delhi, India. Author can be contacted on

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