2ndlook

India – Land of rape, kidnapping and crime

Posted in America, Current Affairs, Desert Bloc, Feminist Issues, India by Anuraag Sanghi on February 23, 2012


More laws means more crimes. More police, more courts – more crime. For proof, take rape, kidnapping cases in India.

When all fails, create sex charges  |  Cartoonist Paul Zanetti; source & courtesy - courrierinternational.com  |  Click for larger images.

When all fails, create sex charges | Cartoonist Paul Zanetti; source & courtesy – courrierinternational.com | Click for larger images.

Fixing Julian Assange

After everything failed, two Swedish women filed rape charges against Julian Assange – based on ‘withdrawal’ of consent. Is sex such a trivial matter that consent is given and withdrawn– with or without notice?

Can sexual relationships be debased to the extent of opportunistic ‘consent’ withdrawal?

Power corrupts. |  Cartoonist Olle Johansson / Sweden; source & courtesy - nrc.nl  |  Click for larger image size.

Power corrupts. | Cartoonist Olle Johansson / Sweden; source & courtesy – nrc.nl | Click for larger image size.

Criminalizing love, sex, marriage & romance

Many ‘kidnapping’ and rape cases in India, are also in the same category.

Police categorize juvenile marriages, love affairs, and cases of pre-marital sex as rape, kidnapping and enticement.

Familial or parental consent, knowledge, while being economically dependent on parents or family is essentially implied by law.

Special mention must be made of laws that have made 18 years as the age of consent for girls. 18 years is way too old. Going by current laws, even consensual sex by two people, below 18, is a crime – and

Rape, it is.

Part of the population control dogma.

While around 150 kidnapping cases were registered across Mumbai during each of the past three years, police officials said a large number of the cases pertained to elopement. Statistics accessed under the Right to Information (RTI) Act from 85 of the city’s 93 police stations show that 136 kidnapping cases were registered in 2009, 169 in 2010 and 159 in 2011.

“In cases where the victim is an underage girl, her consent would be immaterial and the man would be booked for kidnapping,” said joint commissioner of police Himanshu Roy. “Although a large number of the cases we receive pertain to elopement, we treat each of them with seriousness.”

However, in such circumstances, lawyers said that for the charge of kidnapping to be framed, an important condition needs to be met — ‘enticement’. “If a boy promises to marry a girl and then elopes with her, that would amount to enticement,” said criminal lawyer M A Khan. He added that if the girl is underage and elopes with a boy after being enticed, and they subsequently have a physical relationship, the boy would be also booked for rape.

Nandita Shah, co-director of NGO Akshara, spoke of trends she has been noticing. “More and more girls and boys are taking an independent stand on their marriages, while parents are not yet ready for this. Secondly, the age at which youngsters are getting into a relationship is falling, so a lot of these cases get registered with the police as kidnapping.”(via Many kidnapping cases in Mumbai involve eloping with minor girls – The Times of India).

So many rape cases …

Similarly, most cases of rape in India, too fall in the same legal confusion.

Recent stats show that in 91% of cases, rape was committed by ‘known’ people – with 33% of the ‘rapes’ committed by neighbours. A significant number of these ‘known’ people probably received a ‘distorted’ signal, some ‘disguised’ consent or faced a ‘withdrawal’ of consent problem.

Rape, she alleged  |  Credit embedded  |  Click for source image.

Rape, she alleged | Credit embedded | Click for source image.

This takes rape out from the class of random crime, on unknown victims by dysfunctional or maladjusted aggressors – which can properly be termed as crime – and rape.

I would doubt claims of ‘rape’ by neighbours, relatives, known people. It maybe withdrawal of consent, or misinterpretation of behaviour. It may also be deliberate ‘gaming’ by the ‘victim’. In such cases, rape is not the reality, usually.

I am defining crime and rape differently. Some ‘consenting’ couples indulge in sex that borders on rape. Marital rape cannot be grounds for classification as crime. The State cannot enter bedrooms of consenting partners – at least in societies based on Bharattantra.

In most of these cases, the perpetrator of the crime was an acquaintance of the victim, according to data provided by the National Crime Records Bureau. A total of 21,467 rape cases were reported in 2008, registering an increase of 3.5% over the previous year. Provisional data for 2009 shows that 21,397 rape cases were reported during the year.

In 2008, 57.2% (12,299) of the victims were from this age group, only 0.5% less than in 2007 (11,984). In as many as 91% (19,542) of these cases,the offenders were known to the victims. Neighbours were accused in 33.1% of rape cases. (via Madhya Pradesh tops in rape cases, Nagaland ranks lowest – Times Of India).

Only in a confrontational equation does the State come into play - which is what the State wants  |  Cartoonist Crumb; image source & courtesy - bleedingcool.com  |  Click for larger image.

Only in a confrontational equation does the State come into play – which is what the State wants | Cartoonist Crumb; image source & courtesy – bleedingcool.com | Click for larger image.

Thou shalt not have sex

Girls attain puberty mostly by 13 years. Forced, mass, abstinence for 5 years after puberty is just bad social practice. Especially, when you consider contrary social values and norms.

In parts of India, a girl’s first menstruation is celebrated as a community event, with feasting and worship. Remember, Gandhiji was married and eagerly into sex in his middle teens – as were my grandparents.

These ‘rapes’ are crimes under laws that: –

  1. Are a carry-over from colonial period
  2. Discourage ‘relationship-building’ laws with an anti-marital agenda.
  3. Make withdrawal of ‘consent’ easy.

Now imagine a zamindar in cahoots with corrupt policemen, who uses these age-of-consent laws to foist a ‘rape’ case on a ‘troublesome’ farmer or a political rival.

Bad ideology, confused law

These laws have created horrifying legal situations like marital ‘rape.’ Withdrawal of consent for sex is an especially potent tool used by ‘authorities’ to ‘fix’ or ‘control’ elements in the system.

In Indic societies, consent was a public event, which became marriage. Vishnu Purana specifies 8 marriage types. Though, most common in India, is the what we see – grand, public affairs, with neighbours, friends, relatives and family – announcing voluntary, long-term ‘consent’.

These laws, squarely and roundly, belong to the Desert Bloc. These laws deviate from Bharattantra by restricting kaam, desire, which is one of the four essential freedoms, called purushaarth in Indic systems. Loaded with an agenda – aimed to make India into a regressive society that discourages ‘relationship-building’.

20 Responses

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  1. Ashok Kothare said, on February 29, 2012 at 3:57 am

    I do not agree with all the points put up in the article. many points are just aggravation of unimportant issues.

  2. debajyotidatta said, on March 7, 2012 at 7:02 am

    U mad bro? Please tell me this was a satire.

  3. admin said, on March 7, 2012 at 10:38 am

    • Anuraag Sanghi said, on March 7, 2012 at 10:54 am
      If a couple have marriage plans, based on which: –

      1. A 21 year old man has sex with a 17 year old girl, it is enticement and rape.

      2. If two 17 year olds have sex, it is rape.

      3. Consent of the girl is immaterial.

      Another scenario: –

      1. 19 year old girl is an active partner. The couple have a regular sexual relationship.

      2. Yet subsequently, under police and parental pressure, if she denies consent, it is rape.

      Now sex in such cases, with known people, neighbours, relatives become criminal actions.

      • Amit Gupta said, on March 7, 2012 at 3:50 pm

        Parental/family pressure may be some of the reasons. But I am sure that sex which is forced on a girl is crime. It is aggressor’s fault that he misinterpreted signals, the freedom to have sex is also with fairer sex and if they are forced for it, then it would be considered crime. Paishachik and/or Raakshashi vivah may come under crime. Whats your opinion?

        • Anuraag Sanghi said, on March 7, 2012 at 4:20 pm

          aggressor’s fault that he misinterpreted signals

          Now, this is difficult to make out.

          You are assuming aggression – and you are assuming that there is misinterpreted signal.

          What if there is mal-intention from the woman’s side? What if the woman has changed her mind? These are intricate things – and should be best left to individuals – and their immediate family to sort out.

          the freedom to have sex is also with fairer sex and if they are forced for it, then it would be considered crime.

          My understanding is that sex is a two-way street. Both genders should and do want it. How that desire for sex gets expressed and the ‘sentence-construction’ may be different.

          Paishachik and/or Raakshashi vivah may come under crime.

          OK … Here is something interesting for you!

          This ‘story’ was told to me by a cop! According to this cop, actual and real rape, is done rarely.

          There are two types of rapists according him!

          One is the deranged, mentally unstable type, which is not in discussion here.

          Second is the ‘professional’. According to this cop, this is the type who is paid to rape. He is used by anti-social elements – for instance during communal riots, etc.

          This cop says that rape for a normal human being is difficult – and according to him, for one man to rape one woman is nearly impossible. Forcible sex needs multiple men to subdue a woman.

          The other things is the perception of a rapist by other criminals. I have seen how criminals treat rapists – at least in Mumbai prisons. Rapists and child molesters are given the worst place in the barracks – to sleep and pass their time. There is real untouchability in a prison. No one – but no one talks to rapists or child molesters. They have to stand last in the food line, toilet line.

          Going by all this personal experience and newspaper reports, I think rape in India is an isolated and rare phenomenon. If you read between the lines, those newspaper reports are also meaning the same.

          • richardws said, on June 29, 2013 at 7:50 am

            “This ‘story’ was told to me by a cop! According to this cop, actual and real rape, is done rarely. ”

            Wow.. similar to how the swiss banker told to Rajiv ?? Cops tell sir Barnum, everything !! LOLz..

            • Anuraag Sanghi said, on June 29, 2013 at 1:57 pm
              The Great Rajiv Malhotra has no other evidence other than a ‘Swiss Banker Told Me’ story – which going by general knowledge does not happen. Swiss bankers have been known to be secretive.

              Police have no such restrictions and are known to share insights, speculate, theorize, tell stories. So, it is not prima facie doubtful.

              Great Rajiv Malhotra stops at ‘Swiss Banker Told Me’ story – and 2ndlook corroborates police insights with data.

              So …

              No comparison really.

              But, then you know that already.

  4. senthil said, on March 8, 2012 at 9:49 am

    Excellent article anurag.. i agree with you fully.. Rape is NOT a part of indian psyche, bcoz, every individual has a family, and every family on those days had daugthers.. Unlike, western educated barbarious youths of today, the older generations are family oriented, and relationship bound.. as is evident from your own mention in this article, that rapist and child molestors are untouchable in mumbai jails..

    • Anuraag Sanghi said, on March 8, 2012 at 10:22 am

      Unlike, western educated barbarious youths of today, the older generations are family oriented, and relationship bound.. as is evident from your own mention in this article, that rapist and child molestors are untouchable in mumbai jails.

      Whether it is today’s youth or the older generations, rape by strange males against strange women, is about 1950 (9%)rape cases in a nation of 30 crore males (in the 18-55) age group. That is one rape per 153846 people in a whole year. Again this is reported crime – and not convictions. So, in some cases there false allegations also.

  5. KUMAR IYER said, on May 19, 2012 at 6:26 am

    Very recently a boy 21 year old had eloped with a girl 171/2 years and she got pregnant. The girl’s family traced them and filed a case of abduction and rape on the boy. The police arrested the boy and the case came up. in the court. I don’t exactly remember but in a land mark judgement after the case was heard the judge acquitted the boy as it was established that it is a case of love marriage. The girl wanted to stay with the boy. Now the question is “who” decides what is the right age to marry? the state?. my great grand mother got married at the age of 13 and my grand mom at the age of 14 and my mom at the age of 17 both my great grand mom/grand mom lived upto their 90s and my mom still going strong at 91. Early marrige was a virtue in olde3ndays less rape and less violence.

    • Anuraag Sanghi said, on May 19, 2012 at 7:38 am

      the question is “who” decides what is the right age to marry? the state?. my great grand mother got married at the age of 13 and my grand mom at the age of 14 and my mom at the age of 17 both my great grand mom/grand mom lived upto their 90s and my mom still going strong at 91.

      This early marriage was, I think a temporary aberration between 1875-1950. This was India’s Brahminic response to the unprecedented killings unleashed by the British on the Indian population.

      Political and military action apart, Indian intellectuals (Brahmins) responded by encouraging early marriage. And we now live to tell the tale.

      The State should be thrown out of this discussion.

      a virtue in olde3ndays less rape and less violence.

      Well … you seem to imply that there is greater violence now.

      Not true.

      Read the chronicles of the Raj. Probably between 10 million-30 million people died opposing the Raj. Very violent times those were. The gold old days were not so good really.

      • Surya Ramachandran said, on January 27, 2013 at 7:39 pm

        I think early marriage was there even before the British arrived in India.

  6. admin said, on May 19, 2012 at 7:31 am

  7. admin said, on December 18, 2012 at 1:30 pm

  8. admin said, on December 18, 2012 at 5:42 pm

  9. Manu said, on December 19, 2012 at 4:48 am

    Sorry anuraag the latest case is just too much to handle… It shows that society is sick …. I support your path of budhha but as krishna says a society that cannot respect women needs to burn… Death penality is it… Otherwise the ‘akrosh’ will spill out in some horrible form…

    • Anuraag Sanghi said, on December 19, 2012 at 5:12 am

      Three points: –

      1. Rakshasas like these rapists are not representative of the Indian society. The father of one of the accused has said that if his son is guilty, he will get no support from the family.

      2. We know what to do with Rakshasas.

      3. Are you seriously expecting every human of the 120 crore people in India to be perfect and saintly?

      The question really is: –

      1. What is the percentage of naturally occurring deviants?

      2. How much does society contribute towards increasing deviant behaviour?

      India like all other countries has born-become-deviants.

      The social contribution to this deviant behaviour seems to be lower than in other societies.

  10. Skeptic said, on October 30, 2013 at 3:16 am

    Very well written and astute. It’s a pity that hardly any Indians think like you. To be honest, not many people in any culture think the way you do. Certainly this mass forced abstinence is cruel and unusual.


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