Thursday, 30 April 2015

Rape Laws in India, Government's stand on marital rape. - Vijay Shanker Singh

 " The husband cannot be guilty of rape committed by himself upon his lawful wife, for by their mutual consent and contract, the wife hath given up herself this kind unto her husband which she cannot retract."
-           Sir Matthew Hale Chief Justice in !7th Century England.

He asserted that, upon marriage, the wife automatically hands over her legal person to the husband and consents to all sexual acts, which cannot be retracted at any later date for no reason whatsoever. He introduced within the marriage, a notion of 'implied consent' that started at the time of the marriage and continued for the entire course of the marriage, and such consent was deemed irrevocable by Lord Hale. This established that once married, a woman does not have the right to refuse sex with her husband. Due to construction of sex as a woman's duty within a marriage, there is always a presumption of her consent.
Marital Rape refers to unwanted intercourse by a man with his wife obtained by force or physical violence, or when she is unable to give consent. Marital rape could be by the use of force only, a battering rape or a sadistic/obsessive rape. It is a non-consensual act of violent perversion by a husband against the wife where she is physically and sexually abused.

Rape is the fourth most common crime in India. According to the National Crime Records Bureau 2013 annual report, 24,923rape cases were reported across India in 2012. Out of these, 24,470 were committed by someone known to the victim (98% of the cases)

India has been characterized as one of the "countries with the lowest per capita rates of rape".The National Crime Records Bureau of India suggests a reported rape rate of 2 per 100,000 people, much lower than reported rape incidence rate statistics for many nations tracked by the United Nations. A majority of rape cases in India, as elsewhere in the world, are never reported.

According to 2012 statistics, New Delhi has the highest raw number of rape reports among Indian cities, while Jabalpur has the highest per capita rate of rape reports. Several rape cases in India received widespread media attention and triggered protests since 2001 This led the Government of India to reform its penal code for crimes of rape and sexual assault.

Concept of marital rape cannot be applied in India as marriage is treated as a sacrament or sacred as per mindset of the Indian society, government said on Wednesday.

"It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including level of education, illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the marriage as a sacrament," Minister of State for Home, Haribhai Parthibhai Chaudhary said.

He was replying to a written question of DMK MP Kanimozhi in Rajya Sabha.
Kanimozhi had asked the Home Ministry whether Government will bring a bill to amend the IPC to remove the exception of marital rape from the definition of rape; and whether it is a fact that UN Committee on Elimination of Discrimination against women has recommended to India to criminalise marital rape.

She had also said that according to United Nations Population Fund that 75 per cent of the married women in India were subjected to marital rape and whether government has taken cognisance of the fact.

Chaudhary said the Ministry of External Affairs and Ministry of Women and Child Development have reported that UN Committee on Elimination of Discrimination against Women has recommended to India to criminalise marital rape.

"The Law Commission of India, while making its 172nd Report on Review of Rape Laws did not recommend criminalisation of marital rape by amending the exception to Section 375 of the Indian Penal Code and hence presently there is no proposal to bring any amendment to the IPC in this regard," the Minister said.

Supreme court has delivered a judgement on rape of wife by her husband and ruled it is not a punishable offence. Commenting on that judgement a minister told, it is a right decision in Indian context because marriage is a solemn sanskar . The exact word is used ' Pavitra Sarkar. ' Marriage comes under the sixteen sanskaars of Hindu religion. Agree. But it has some other status in different religion and social orders. In Islam and Christianity it is a contract. A contract is a contract with consent of the mutual parties. It can be dissolved by consen too. But in Muslim marriage there is a theory of triple talaq, but that too has always raise some controversies. In Hindu marriage, there was no concept of divorce. I don't know why this provision is left, but it is lacking there. When Hindu marriage act codified the provision of divorce is included in some circumstances. But it is not as easy as in other social orders.

The pavitra sanskaar has become a fragmented texture. During my service days, I always found many newly married complainants in my office in connection with marital disputes. Sec 498 A which deals with the domestic violence is the most abused provision of IPC and sometimes it becomes as a tool of harassment and extortion of in laws. The pavitra sanskar is losing its sheen.

What is Rape ? Rape is a forced sexual intercourse without consent. Suppose a husband in a drunken state or otherwise indulges in a forceful sexual intercourse without the consent of his wife, what will you call it ? Rape ? Or any other tem ? The word rape you will not accept, I can understand , then please use some other word. But plz think over it. Sex has a purpose and the joy is the nucleus of sex. If someone is not giving her consent, for sex, and that very sex is forcefully imposed on her, will it not brutal and inhuman to her ? Will the lady will not feel the hurt and agony of the forceful sexual act ? Afterall rape also gives such brutal and inhuman hurt and agony.
While right to privacy is not mentioned in the Indian Constitution, the Supreme Court in a series of cases has recognized that a right of privacy is constitutionally protected under Article 21. The right of privacy under Article 21 includes a right to be left alone. Any form of forceful sexual intercourse violates the right of privacy. It is submitted that the doctrine of marital exemption to rape violates a married woman's right to privacy by forcing her to enter into a sexual relationship against her wishes.

The final version of section 375 of the Indian Penal Code, which emerged after deliberations in the Select Committee, is a crystallized form of Clause 359 of the Macaulay's Draft Penal Code. The provision of rape in the Indian Penal Code (IPC) echoes archaic sentiments, mentioned as its exception clause- "Sexual intercourse by man with his own wife, the wife not being under 15 years of age, is not rape."
Section 376 of IPC provides punishment for rape. According to the section, the rapist should be punished with imprisonment of either description for a term which shall not be less than 7 years but which may extend to life or for a term extending up to 10 years and shall also be liable to fine unless the woman raped is his own wife. and is not under 12 years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to 2 years with fine or with both.

The man is to be punished if the wife is less than 12 years of age, if she is between 12 to 15 years, an offence is committed, however, less serious, attracting milder punishment. Once, the age crosses 15, there is no legal protection accorded to the wife, in direct contravention of human rights regulations.

What is even more ironocal that these are the same laws which provide for the legal age of consent for marriage to be 18. But when it comes to protecting women from sexual abuse, there is no remedy the woman has in a marriage if she is above 15.

As per the Indian Penal Code, the instances wherein the husband can be criminally prosecuted for an offence of marital rape are as under:

1. When the wife is between 12 - 15 years of age, offence punishable with imprisonment upto 2 years or fine, or both;
2. When the wife is below 12 years of age, offence punishable with imprisonment of either description for a term which shall not be less than 7 years but which may extend to life or for a term extending up to 10 years and shall also be liable to fine.
3. Rape of a judicially separated wife, offence punishable with imprisonment upto 2 years and fine;
4. Rape of wife of above 15 years in age is not punishable.
In 2005, the Protection of Women from Domestic Violence Act, 2005 was passed which although did not consider marital rape as a crime, did consider it as a form of domestic violence. Under this Act, if a woman has undergone marital rape, she can go to the court and obtain judicial separation from her husband. This is only a piecemeal legislation and much more needs to be done by the Parliament in regard to marital rape.

The basic argument which is advanced in favour of these so-called 'laws' is that consent to marry in itself encompasses a consent to engage into sexual activity. But, an implied consent to engage into sexual activity does not mean consent to being inflicted with sexual violence. It is often felt that as in sadomasochistic sexual acts, in marital rape women are presumed to have consented to the violence. However Rape and sex cannot be distinguished on the basis of violence alone.

A discussion is going on my post regarding the judgement of Supreme Court on marital rape. The element of force or to compel without consent to do sex is the basis of rape. In IPC the beating of wife, harassing a wife are cognizable offences. A domestic violence act has also been introduced to stop these excesses in 2005. Many cases are pending in the courts regarding matrimonial disputes and domestic violences. But these acts and laws has not said any word about the forcefully sex by a husband with the wife. Why ? Why not the theory of pavitra sanskaar has emerged at the time of drafting the domestic violence bill. ?
Why not a consensus has been achieved on this issue from the different walks of society and women's organisation ?

We uttered word pious so many times that it gives a sense of hippocracy to us. Someone told it is a sngam of soul. I don't know, it is said in a lighter mood or it is true. But where the pavitra sanskaar vanished when a wife is continuously being harassed by the husband and their in laws ? Law is to protect everyone from the brutal and inhuman excesses. The sex without consent is also a inhuman excess. So a law is necessary like rape laws, to prevent such types of situations. The punishment may be not as harsh as 376 IPC.

Wife is not a property. There are eight types of marriages are permitted in Hindu scriptures. Last four are condemned and first four are accepted. The popular is brahm vivaah. The mantras in sapt padee recited in ceremony are very rightly explains the life long companionship. They don't permit husband to treat his wife as a property. Wife is not a property, but being the patriarchal social system and weak gender the husband most of the times treat her as a personal property. But the education, women empowerment and modern laws have changed the scene. Women are fighting for their rights, and they are confident to find there right place in social system. Time is changing and so the awareness is increasng.

Wednesday, 29 April 2015

Farmers are cowards, and Govt will not take care of them – Vijay Shanker Singh.

A minister of Haryana Govt has said, to commit suicide is an offence and it is the step of cowards. I am agree with this sermon. Yes they are cowards. Who have committed suicide. But what compelled them to chose such extreme steps ? Farmers issue has become a political issue. and it must be. After all Govt is the outcome of the politics. The intelligent minister Mr Dhanakhad is also a product of political process. So nothing wrong in it.

Congress has snatched this issue and they want a show down with BJP. BJP is not doing well on this issue and they always put a weak defence on this. When you ask something on farmers issue they will surely curse the 60 yrs rule of Congress. This 60 years syndrome is haunting the BJP still after the one year of rule.

Actually we have changed the model and parameters of development. Nowadays development means, multistorey buildings, highways, bullet trains, and so called smart cities. The basic issue of agriculture has been deliberately ignored. Remember the days of 1965 and 66 when we had been compelled to eat American wheat under the provisions of PL 480. Those were the days before the green revolution. After that the agriculture has become the priority sector and we have become self independent in grains production.

But the neo eco reforms and globalization has changed the concept of development. No doubt the malls, highways, housing and industries are also important but a balance between both the sectors must be maintained. Industries are getting cheaper loan and tax benefits with subsidized infra structure but there is hue and cry for any concession for agriculture. It is only due to the cold response of politicians and fragmented kisan unions.

Mr Dhanakhad , being a responsible minister of the most agriculturaly developed state of the country, it is your solemn duty to erase the circumstances, under which a farmer is being compelled to commit suicide. To compel any one to commit suicide is a bigger crime. 

Haryana minister has rightly said, Govt will not stand with helpless people, coward people. Yes they will stand with rich people and neo rich class. What the poor farmer will give them. A vote. That too after 5 years. But industrialists can provide them an assurance of lavish life till 5 generations ! And you are quoting Haryana is a veer bhoomi. Gita was first delivered there. The first great war of history was fought there. Haryana is so agriculturaly potential that it can fed the whole country. But by whom ? By the farmers and agricultural labourers. If you can not give them something beneficial for there betterment, at least show some concern in words, if not in deeds. 

Tuesday, 28 April 2015

Nepal Disaster - A Reaction - Vijay Shanker Singh

The Nepal disaster has revealed the another and better face of PM. He has taken quick initiative and asked all concerned to help them in this hours of crisis. I hope this initiative will also be seen in some vital domestic issues also.

I appreciate the role of Army who always won with flying colours. It is one of the most appreciated armed forces in the world, professionaly excellent and thoroughly apolitical.

I appreciate NDRF and its DG OP Singh, for their quick response to the task given by Govt. Being the youngest police force and not equipped much, but still they are saving life meticulously in a foreign land. They have done well in Kashmir flood tragedy and Kedarnath. They must be given more training, manpower , modern equipments to counter such type of disasters, because the tectonic plates are still in action.

But some of my friends on social media are still in search of rumours to spread stories of sewaa and samarpan unnecessarily and viewing this action as a one man show. They must realise to help a foreign country and neighbour in calamities is a commendable job but when the nation decides to repeat the political leadership again for rule this will not be a criteria. The sole criteria will be the betterment of masses and economic and social environment of the country at the time of judgement.

Now come to the internal affairs. Let the Army and NDRF do their work. Now concentrate on the farmer's issue and some more vital issue facing the country. PM is energetic, he can do some better, so we have expectations from him. But he must show him that he is not for a particular class but for masses. The image which has being projected since his oath that he is for the capitalist class. Some actions have indicated in this direction also. This must be changed.

He often delivers Man ki baat to the people but he must listen the Maun, the silence of people which is more volcanic than a roar. Development doesn't mean 8 lane highways and super luxury apartments, formula racing tracks, bullet trains and Atilia like homes of few, but it means a smile on the face of the last man in the que and upliftment of the masses.

I have seen some posts on social media that the relief materials which was pouring from India and other countries to Nepal is not reaching to the needy people and disaster victims. This is the real problem and it can be solved only by local Nepal administration. Tons of biscuit packets, water, food and medicines are there but if the distribution system is not smooth or efficient , these relief operations will go in vein. Nepal must deploy some volunteer like organizations or NGOs or Govt machinery to handle this bottleneck.

I have no experience in quake relief operations but i have experiences in flood relief ops. People send materials, eatables and clothes to flood victims but due to the inefficient distribution system the items could not be send to the needy. Flood relief is simple operations and you have to put evaquee from the water logged areas to safe places. The options of rehabilitation is much more than a quake affected area. In quake affected area, you have a crippled telecom system, poor and broken road and the number of victims are much more. The area of disaster is much much more. So it is very difficult to organize an efficient distribution system to face the challenges.

 In all calamities, whether it is God made or man made a calmness is required. The panic will only increase your worries and problems. The poor distribution system will lead to the law and order problems and some violence. Nepal Govt must think over it and it is her job to do this. India is doing very efficiently but their source and penetration in the local administration is limited being Nepal is a foreign country. India will face another problem on her soil to provide refuge to the disaster victims. Thousands will come and take shelter in the terai area of UP and Bihar. Their food,clothing, and other provisions will be a fresh problems for state govts. India is too affected by recent quakes. More relief works are required in quake hit areas too. Let us pray for the best. 

Monday, 27 April 2015

एक कविता../ . सफ़र, दिल से ज़ुबाँ का...- विजय शंकर सिंह

(In Roman Below)

तेरे दिल की गहराइयों में,
उबल रहा है जो लावा.
उस की आहट,
मेरी धड़कनों से मिलती है !

वही ताल, वही सुर,
वही मादक संगीत,
पर तेरी खामोशी,
सहमा देती है मुझे !!

दिल से ज़ुबाँ का सफ़र,
लंबा नहीं है, बहुत,
पर जाने कब से,
दिल की बात ज़ुबाँ पर आये,
इस का इंतज़ार है, मुझे !!!


Tere Dil kee gahraaiyon mein,
ubal rahaa hai jo laawaa,
uski aahat,
meree dhakanon se miltee hai.

Wahee taal, wahee sur,
wahee maadak sangeet,
Par teree khaamoshee,
sahmaa detee hai mujhe.

Dil se zubaan kaa safar,
lambaa nahin hai bahut.
Par na jaane kitne kab se,
dil kee baat, zubaan par aaye,
is kaa intezaar hai mujhe !!!


Sunday, 26 April 2015

Disaster in Nepal and Operation Maitri - Vijay Shanker Singh

We have never concentrated on the issue of disaster management. We are in the vulnerable seismic zone and the Himalayan ranges are the youngest mountain ranges in world. This earthquake is not new for us. In last century a powerful quake happened in Quetta and Bihar before independence . After independence the worst hit by quakes were Latur and Bhuj. Besides earthquakes , floods are regular features in northern and NE area. But we have neither sufficient manpower nor equipment to counter that. We think, all these are God made calamities and He will take care of it. He takes care or not, it is debatable but I am sure Govt doesn't take care seriously.

NDRF is a new force trained in disaster relief management , has done a commendable job in Kashmir floods and Kedarnath tragedy. But the manpower and equipment in NDRF is not sufficient to face the challenge. Due to this state police or PAC and fire brigade involves in relief operations. They do well but they are not technically expert or equipped to do so. So many times the services of Army is being utilized. Army have better equipment and manpower but they should be called in grave emergency only. State govt must raise DRF Bns on the pattern of NDRF. Central govt has asked many times to raise such forces but these files are remembered only when a disaster broke. Then out of sight out of mind.

In UP, PAC has flood relief Cos in some Bns. But they too are ill equipped and with lesser manpower. In flood season they always overburdened due to the flood havoc. There is an urgent need for disaster relief force. Each unit must have technical staff, medical staff, and manpower and other modern equipments. No doubt, it needs money, but when you compare the human and material losses in comparison of the expenses in raising these units , then you will realise that DRF is necessary.

A friend suggests and he rightly suggests, '' Many countries have separate ministries whose personals are exclusively trained for all kinds of emergency problems. For example, USA has Federal Emergency Management Agency (FEMA). Because of global warming and changing climate, natural disasters are expected to rise globally. Delhi is situated on the top of three active seismic fault lines. These fault lines are: Sohna fault line, Mathura fault line, Delhi-Moradabad fault line. If a magnitude of 7.7 earthquake (like that of Nepal) hits this area, many densely populated cities will be flattened. Such discussion should take place at the National level and Modi government, instead of dividing countries on communal lines, should focus on Emergency Management system.'

India has done commendable job to rescue the quake victims of Nepal. PM has taken initiative immediately and instructed all concerned to take necessary action for this Operation Maitri. The IAF and NDRF swung into action. Nepal is an old friend of India, and is culturally united to us. When I was a student in BHU, Varanasi, many Nepalese students were with me. Still some of them are good friends of mine even today. China always want to break this bonding. They always create confusion and the Communist party of Nepal tries to overlap the Chinese interest over Indian friendship. Actually China is a country with expansionist mentality. They want to encircle India. That's why they have developed their interests in Indian Ocean, Shri Lanka and Maldives. Pakistan being solely based on anti Indian sentiments , becomes the natural alley of China. Some times China indulge into Arunanchal , sometimes in Ladakh, sometimes they publish distorted Indian maps deliberately and test the reaction of India and International community. China is not going to involve in a real war with us but we have to be more cautious about dragon's cunning steps.

Nepal was never under the British crown. Britishers found no economic interest in Nepal in comparison with India. They always appointed a Resident in Nepal to watch their interest in Himalayan nation and trans Himalayan areas. A treaty of Sugauli between Nepal and East India Co, had been signed on Dec 2, 1815, and due to this treaty the Garhwal, Kumaun, Sikkim kingdoms and some area of Terai have been handed over to East India Company’s India. Britishers allowed the recruitment of Gurkhas in British Army which had shown their loyalty and bravery in many wars. Thus basically the Nepal is not only culturally attached to India but it is geographicaly amalgamated too.

On this natural calamity, when they have lost most of their resources , India must arise to the occasion and do what we can do. And we are doing this. To provide relief in a quake hit disaster is not an easy task, but tough people last, tough time never !! 

It is time to think over it. Every DM and SP is in field but without some expert manpower and equipments what they can do I can imagine. 
All the best .
- vss

Ghalib - Adaa e khaas se "Ghalib" / अदा ए ख़ास से ' ग़ालिब ' - ग़ालिब. / विजय शंकर सिंह

5 . 

अदा ए ख़ास से 'ग़ालिब' हुआ है नुक्ता सरा,
सला ए आम है, याराना ए नुक्ता दां के लिए !! 

Adaa e khaas se 'Ghalib' huaa hai nuqtaa saraa,
Salaa e aam hai, yaaraanaa e nuqtaa daa ke liye !!

नुक्ता दां - किसी कला विशेष की बारीकी जानने वाला, यहाँ साहित्य से इसका अर्थ है. 

ग़ालिब अपनी बात विशिष्ट ढंग से प्रस्तुत कर रहा है. गुणग्राही लोगों को आमंत्रण है कि वह इसकी बात सुने. 

अपने समकालीन और कुछ वरिष्ठ शायरों की तुलना में ग़ालिब अपनी लेखन शैली, अंदाज़ ए बयाँ को अलग मानते थे. और उनकी शैली थी भी. चाहे प्रतीकों का मामला हो, या उपमा का या अभिव्यक्ति का. उनकी शैली बिलकुल अलग थी. वह एक विशिष्ट ढंग से अपनी बात कहते थे. ग़ालिब का यही अंदाज़ ए बयाँ उनको सबसे अलग और विशिष्ट बनाता है.

Friday, 24 April 2015

Afzal Firdaus - Is tarah sataayaa hai , pareeshaan kiyaa hai / इस तरह सताया है परेशान किया है - अफज़ल फ़िरदौस

इस  तरह  सताया  है  परेशान  किया  है 
गोया  की  मोहब्बत  नहीं, एहसान  किया  है 

सोचा  था  कि  तुम दूसरों  जैसे  नहीं  होगे 
तुम  ने  भी  वही  काम  मेरी  जान  किया  है 

मुश्किल  था  बहुत  मेरे  लिए  तर्क --ता'अल्लुक़ 
ये  काम  भी  तुम  ने  मेरा  आसान  किया  है 

हर  रोज़  सजाते  हैं  तेरी  हिज्र  में  गुंचे 
आँखों  को  तेरी  याद  में  गुलदान  किया  है 

Is tarah sataayaa hai pareshaan kiyaa hai

Is tarah sataayaa hai pareshaan kiyaa hai
goyaa kee mohabbat naheen ehasaan kiyaa hai

Sochaa thaa ki tum doosaron jaise naheen hoge
tum ne bhee wahee kaam meree jaan kiyaa hai

Mushkil thaa bahut mere liye tark-e-ta'alluq
ye kaam bhee tum ne meraa aasaan kiyaa hai

Har roz sajaate hain teree hijr mein gunche
aankhon ko terii yaad mein guldaan kiyaa hai

(विजय शंकर सिंह )