A balanced Approach towards Man – Woman Relationship

Introduction

Nirbhaya case in India shook the collective conscience of the entire nation, the time was ripe, people were frustrated with the political establishment, all around corruption and scams, youth was awakening, media was playing very crucial role, and on top of that such a brutal act in the heart of country followed by an initial stupid apathy of political leaders, gave rise to a kind of up-rise, which resulted into a new law.

People were pacified, felt a sense of victory, that finally they forced the government to act, the perpetrators of the crime were sent to jail and condemned to death by a fast track trial court. Political leaders though that they not only controlled the situation but also did a wonderful job in the election year by coming up with a stricter law.

Political exigency was the motive behind this law not the well thought out plan and even otherwise it is quite evident that the Indian Political Class lacks the competence of even appreciating the need and significance of any new law, the present day polity is reduced to either amassing wealth by corrupt means or generally securing political mileage out of cast or religion or scoring vendetta points. The political class neither has the will nor the intellectual capacity to come up with laws which can work for all.

We are passing through a period in India, where we have lost complete sense of vision, we have become absolutely short sighted, we just are not bothered about the future in totality, people at power have no agenda, no idea about the well being of the citizen or the nation, they attempt to tackle half heartedly the problems which beset them, there has never been a period in the history, where the common man felt so helpless or fragile than the last decade or so.

One such half hearted solution is change of rape law, it was done by the political class of this country to assuage the feelings of the people at large post Nirbhaya case, this is such a mindless amendment in the law that within a decade we will have millions of accused of such heinous crime and courts will be stuck and doomed, thanks to abysmally visionless enactment.

This submission not only covers the pitfalls associated with the present enactment but also attempts to discover the fact that only punitive action cannot dissuade people from indulging into such ghastly acts. The punitive part of law alone cannot contain the crime, solution may lie somewhere else.

The Root Cause – Desire for Sex

Abandon a hungry person on a deserted island, he will eat almost anything, there are recorded cases that hungry people started eating flesh of the dead people to survive, even killed the weakest person in the group and ate his flesh to survive. That’s the force of hunger, the natural hunger. Such people cannot be termed to indulge into criminal activity, the law cannot punish them, but if a well fed man indulges into human flesh eating, then he can be termed as deranged man or he can be prosecuted also.

There are examples that very poor mothers in some state of India, sold of their infant child for few hundred rupees, just to ensure food for few days. They cannot be punished, but if an otherwise well off lady sells of her child then she can be prosecuted.

There are families in some poorer states of our country where the young girls are sold off to agents for a paltry sum of money, parents know that the future of their daughter is not so good, but still they do it, to survive. They cannot be punished; neither can they be made co-accused in promoting prostitution. But if a husband forces his wife to indulge into flesh trade for better life or for some other benefits, then he can be prosecuted.

The above few examples highlight the incapacity or complete surrender of human beings when faced with the force of hunger. This hunger is primarily of stomach in nature, this hunger if not fulfilled may cause our extinction, so the force of this hunger may be very high, since centuries the Indian philosophers have used the word hunger also for the very basic physical need that is cohabitation between a man and a woman. The question which we would explore is about the strength of this hunger, because un-fulfillment of this hunger may not directly result into the issue of the self survival. The pertinent point is: Is it so strong, that otherwise a normal man would indulge into force? And if yes, then what steps the society or the government must take to ensure that the force is never applied. After all the duty of the government is not over with the passing of the law, the very root cause of such devious behavior must be ascertained to stop the occurrence of such offenses.

The need for sexual relationship between man and woman is as old as natural hunger, as old as any living organism came to existence. This is the most widely done activity in the universe, possibly next to feeding yourself. The basic understood objective is procreation. That is to produce further, if male and female of any species do not indulge into cohabitation then that species would extinct in a very short span of time, so it is necessary that man and woman must cohabitate.

So let us start from the birth of a male child on one side and birth of a female child on the other side. Without getting into certain scientific evidence of sexual manifestation even in the early infancy, we allow these two children to grow. They grow, they learn to eat, they learn to walk, they learn to speak, they learn to manage themselves in their daily rituals, all these learning are pre puberty and well facilitated by family members or teachers. But no one formally teaches them about cohabitation. If for a moment we leave aside the present media era, where children are far more knowledgeable as compared to their parents on the matter of man woman physical relationships, then we can safely say that in earlier days, even though no formal education was given to children about sexuality, and still even if they were married at the very tender age of 13-14, they would end up procreating.

Not only would they indulge into the act of procreation but would attempt to keep the same secret with family members, but the experience ladies of house would know that the marriage is consummated. Just to demonstrate the power of attraction or need for act, It is suffice to say that everyone from the law maker to the poorest of the poor knows how infatuated both the girl and boy would be in their early days of marriage.

The moot point is that an act is universally done even though same was not taught or explicitly spoken; this only conveys the force behind the act. It is as uncontrollable as the desire to satiate the hunger.

Another interesting point is that as per our designer (The GOD) the purpose of sexual union was procreation only, then how the Adam and Eve would know about this, no one would have taught them, then how come they came closer. A small experiment must have been done with animals, for example take an infant he dog and she dog, keep them away from their group, absolutely isolated from the dog community, let the nature take its own course, and they would procreate. Similarly in the animal world there is no media learning or no exposure, still the smallest of organism indulges into male female cohabitation. This is only possible if the irresistible force of attraction is present between male and female, which leads into union.

Animals need not control this force, they do not fear the law, but a person living in civilized world must learn to control it, that’s it. So primarily, our control is by far not out of choice but that of some kind of decorum. Given the opportunity any human being may indulge into animal like behavior. This observation only emphasize the point that we must explore what went wrong with the people like Nirbhaya perpetrators, because possibly everyone is a potential perpetrator; everyone has that force or desire. Is the social restriction sufficient to create a society free from rape? Or free from mindless manifestation of this force? Or is it other way round that the social restriction and inequality are the root cause of rape? Whatever be the fact the law alone is not sufficient to curb this menace.

As long as we associate the act of sex with perversity, we cannot come up with a comprehensive solution for sex related crimes. As long as we see the act of sex as sinful, things are not going to change, as long as people at power feign sainthood on the matters of sex, things will not change, so first and foremost we have to see the need for sex in a better perspective, once we understand the need for sex, then possibly we can attach a more human angle in tackling the related deviations, if any. It is sinful to think that an act which is must to sustain our existence can be perverse or sinful in totality. For a moment just think honestly, Can we think of a materialistic world without sex or sexual desire? The human history is driven mostly by a desire to amass wealth or desire to win over a particular lady. Honestly speaking, it will not be an overstatement that fulfillment of sexual desire is a very big motivation in the materialistic world, and it is also getting true that one feels that materialistic success may lead to opportunities wherein sexual desires beyond the monogamous relationship may be fulfilled.

Now the point is have we or especially have the law makers understood the point that the desire to have sex is natural, it can only be unnaturally or forcibly suppressed, and the suppression can manifest into violent and unnatural form, and that may result into rape or even the most brutal act that was perpetrated on Nirbhaya. So the root cause for violent sexual behavior in majority cases may be this suppression, not any kind of perversity in the minds of perpetrator.

So if we as a society can mitigate the circumstances leading to this suppression then possibly we will be able to reduce the sexual crimes. Take for example Tuberculosis disease, it induces fever, treatment is giving medicine after TB is identified, but that’s the treatment, the solution lies in eradicating the TB bacteria itself and strengthening the human immunity to TB bacteria. Keep making best of the medicines, but if eradication aspect is not targeted, then TB will never be eliminated. Similarly sexual crimes cannot be eliminated; they will keep changing forms like TB bacteria, unless the suppression aspect is not properly addressed. A natural force cannot be suppressed, it will surely cause violent eruption, how and when is immaterial. And desire for sexual gratification is a natural force; it cannot be suppressed or denied.

The Truth : Unspoken unacknowledged Reality

What a deprived female would do to a male, is certainly not the subject matter of this discussion, but suffices to say that it would be no different sans society restrictions. So at present we would see what is there in a male’s mind.

Very recently few Karnataka state legislatures were found watching pornographic clips on their mobile while the assembly proceedings were on, when they were caught, they came up with some very amusing explanation, that they were watching the hardship faced by prostitutes. In another episode when a not so honorable swami tried himself in a reality show, his one of the co partner was a pornographic star, afterwards when this swami was asked a question about his tryst with this star, the swami feigned ignorance about the profession of this star and weakly attempted to call her as his daughter. Is it not some kind of feigned sainthood, is it not some kind of running away from reality?

The creator God Brahma of Hindu Trilogy ordained that one should not cohabitate with following females:

"the mother, the daughter, the daughter-in-law, the wife of the real brother, the mother of the father, the mother of the mother, the sister, the daughter of the brother (niece), the wife of brother's son, all these women are unapproachable.

He had to say this, because he himself was aware of the force behind male female union. This force is not a matter of choice for ordinary man, this force is present in every one, and it is the manifestation of this force which is ‘the problem’. A good man in this so called civilized society is a man who is able to keep the manifestation of this force as secret. There cannot be any other definition of good man with respect to this point. Accept possibly lord Rama of Hindu Mythology, it is very difficult to find a man who has not surrendered to this force beyond apparent society restrictions. Monogamy is there, but it is restrictive in nature, the force would manifest beyond monogamy if a good man is confident of keeping it secret, but nonetheless it would manifest.

Sage Vishvamitra could not resist the temptation of Apsara Urvashi, Lord Shiva lost his control when Lord Vishnu showed him the ultimate beauty form of Devi, so however high or educated a man may be the force can manifest beyond socially acceptable behavior.

Long ago the Christ asked a question : Let the man throw the first stone who has never sinned. And no one came forward, and today there is a question in front of all of us: Let a man come forward and approve the present draft of rape law who has never thought of manifesting his force against social norms. No one will come forward!

Opportunity and possibility of discreteness is all required to surrender to this force, irrespective of status and education of a physically healthy man.  The equally hopeless situation is denial once exposed like those Karnataka legislatures or like that swami. For the lesser mortals it is the direct manifestation of this force, thus leading to a visible rape.

The Lord Krishna had 16000 thousand queens, The Mughal emperor Akbar had few thousand females in his harem, many kings and powerful people had multiple wives.  No one questioned them because it was acceptable in society at that time. But nonetheless it demonstrates the power of that force in powerful people. The force is present with equal magnitude in less powerful people, but how it manifests and applies is not known?  Rape is the violent manifestation of this force on an unwilling female.

In the present era, many incidents are fresh in the minds of people, that the most powerful people have surrenders themselves to this force, when I say most powerful people I am talking about people who are the lawmakers and otherwise publicly seen as good man. For them it was unfortunate that this manifestation could not be kept secret, but for others it was fortunate that it got exposed, because now there is a point that everyone has the potential or tendency to succumb to this force, so the remedy is not post application of force, the remedy must start with a provision that this force does not manifest itself into the unacceptable behavior leading to helpless rape or brutal attack, before it achieves this dimension there must be some outlet where this force can be channelized or diluted. A good man, as defined above, may not indulge into Nirbhaya kind of act, and ordinary man devoid of any channel to mitigate the force, may. The difference is the application of the force.

The List : Present day List

It may create uproar that what God Brahma ordained is certainly not being followed by our society; there are breaches, unacknowledged breaches. We are in denial mode. We are in absolute denial mode as far as man woman relationship is concerned beyond husband wife relationship. Because of this running away from reality syndrome, we are creating monsters out of people, and the present law will create millions of monsters, even though they are all otherwise normal human mortals.

I feel, for the betterment of future we must acknowledge in totality that following list is authentically present and it is not driven by some sporadic incidents here and there. A disease can only be cured if the root cause is well understood and acknowledged, if we keep running away from reality, we can never set it right. Courts are blind, they will not set it right, they will blindly prosecute people if they fall under the law, our courts and police system are absolutely insensitive about people at large. They are not bothered about prestige of people, they are not bothered about hardship faced by people, they are not bothered about irreparable damage caused to litigants, they are driven by false sense of belief that if they punish perpetrator as per law then society will be a good place to live in. How naïve of them? Politicians or the political class is never driven by the desire to set things right, it is very unfortunate that unacceptable level of intellectual incapacity and intellectual dishonesty is being demonstrated by present era politicians, they can do it but they do not do it, this is the intellectual dishonesty. They adopt a policy of probe or test the waters, and if it goes wrong come up with further absurdity. There are many amendments or many laws passed in recent past without proper thinking, in fact majority of the politicians will not know the steps required to finally give an ascent to the law. It is an insult and affront to the public and the parliament as a whole when one of the ruling party minister went on record stating that present amendment in the rape law will create problems for females in getting employment, clearly suggesting lack of well thought out plan behind the present amendment.

Following list, with certain exclusions which may cause furor, is the list in which the manifestation of sexual force between man and woman is present beyond the only acceptable husband- wife relationship. This list is mostly confined to male in superior position.

1.      An under 18 boy and under 16 girl.

2.      An adult male and under 16 girl.

3.      An under 18 boy and an adult female.

4.      An adult male and an adult female with no formal relationship.

5.      An adult male and a female prostitute.

6.      A male prostitute and an adult female.

7.      A school teacher and his female student under 16.

8.      A school teacher and his female student over 16.

9.      A college teacher and his female student.

10.  A male professor and his female research associate.

11.  A male and female colleague (employees) in office.

12.  A senior male and junior female colleague in office.

13.  A male Boss and female employee.

14.  A male of influence and a female seeking favor.

15.  A film producer and a female starlet.

16.  A film director and a female starlet.

17.  A music director and a new female musician.

18.  A police officer and female under his custody.

19.  A jailor and female under his custody.

20.  A government officer and female under his supervision.

21.  A minister and a female staff member.

22.  An MLA / MP and a female seeking favor.

23.  A lawyer and his female client.

24.  Employer and his maid servant.

25.  An adult male and an adult female in live in relationship.

26.  A boy friend and girl friend.

27.  A hospital employee and admitted lady patient.

28.  A male waylaid a female and forces himself on her.

29.  A male overpowers a known female under his supervision.

30.  A man threatens and forces a woman.

31.  An adult male relative and under 16 female relative.

32.  An adult male relative and an adult female relative.

Now all these acts are immoral because we live in monogamous society in general, but can we say that all these relationship will fall into the category of rape. Another pertinent point is that an offense as serious as rape cannot be dependent on complainant, a rape is a rape; it is against society so it must be defined in a way that it becomes independent of complainant’s whims. Majority of above relationships have a hidden aspect of influence, the male enjoys over the female. This question if  resolved properly, then may be rape law can be very well defined, and the judicial system will focus only on the serious rape matters rather than wasting time on cases which can never be curbed.  The argument in favor of the male is that the female made a judicious choice of surrendering herself to the force of male, for some favors. Well lawfully this can be a void contract, but nonetheless it is a contract between two consenting people and there is nothing criminal about it at least on the physical relationship aspect. The problem for judiciary is the definition of lack of consent; this is bombastically defined by judiciary to cover almost everything in favor of female.  Why ?

So if we can define consent or lack of consent then possibly lacs of prosecutions can be avoided in future, let us not leave the definition of lack of consent open to judiciary, we cannot afford to have lacs of people as accused in such serious crime without proper application of mind, in fact we cannot afford even to initiate the process or expose the names of such people unless prima facie things are established.

The consent is defined in the law and judiciary is bound to follow the same or expected to derive or interpret the same, the dictionary meaning is very simple, a judicious and thoughtful agreement not under any kind of threat.  So we take up few real life cases:

Case # 1

A senior and powerful government representative (MLA/ MP/ Minister/ Secretary etc) demands sexual favors from an educated female for her promotion or posting or key work. The female willfully agrees in anticipation of this favor but the work is not done for any reason whatsoever. She files the complaint against such person. This is no rape.

Pompous argument regarding morality and probity apart, it also cannot be said that female was naïve or gullible, she made a judicious choice in order to get the favor from him. Yes, if this aspect is exposed and proved then the man can be charged or dismissed for improper use of his authority, but there cannot be rape charges on him.

Case # 2

A senior and powerful government representative (MLA/ MP/ Minister/ Secretary etc) demands sexual favors from a male to bring some other female related to this male for some key work. The male agrees and brings the girl. This is rape irrespective of who files the complaint or irrespective of the fact that work was done or not.

Not only the officer but that man also must be tried, because there was no direct consent of that girl, in such a matter a third person cannot give consent on behalf of the girl.

Case # 3

An adult boy and an adult girl in a live-in relationship for years. For any reasons the marriage between two does not materializes. The girl files the complaint against such person that he promised to marry her and thus induced her into sex. This is no rape. All similar complaints that a female gave consent to sex in the belief that the male promised to marry also may be covered under this.

Courts must not entertain these complaints, and they must be thrown out in limine. It was a judicious decision on the part of the girl to stay with that boy in live in relationship. Girl was intelligent and bold enough to pursue this kind of relationship against normal social norms, where is the question of force on her.

Case # 4

A director/producer/film star or any influential person demands sexual favors from a starlet or actress for any role in a movie. The female agrees but the work is not done for any reason whatsoever. She files the complaint against such person. This is no rape.

At the best it is a breach of even otherwise a void contract. She cannot even say that she got cheated; it was a willful judicious decision on her part to surrender her to the force of nature for some gains. She had the option to walk out, she had the option to resist, she had the option to even malign that man by going public about his intent, she cannot cry foul later on.

Case # 5

A senior officer or employer promises better salary or job or promotion or posting and demands sexual favors from his officer level female (not the unskilled worker). The female agrees but the work is not done for any reason whatsoever. She files the complaint against such person. This is no rape.

Case # 6

A senior officer or employer promises better salary or job or promotion and demands sexual favors from his unskilled female worker. This is rape irrespective of work is done or not, and irrespective of she files the complaint or not.

Case # 7

Two educated adults not related to each other consent to having sex out of mutual admiration or out of sexual feeling towards each other, or the girl consents due to admiration or power status of man, these all are termed to be consensual sex and should be out of the purview of the criminality. For example there are lot of film stars, very famous and attractive, if a girl gets seduced willingly and consents to sex, then it cannot be termed as rape later on.  Similarly there are many non film stars males, but they have great sexual appeal, if a girl willingly consents to a physical relationship with such male, then there cannot be any criminality attached to this. This is the fulfillment of desire of the female and manifestation of sexual force of the male as he thinks that the same is going to remain discrete and secret.

Case # 8

Any man, juvenile or adult, has sex with any female of the age below 16 years. This shall be rape irrespective of consent or anything else.

Case # 9

A school (upto class 12^th) teacher or school employee has sex with any female student of the school irrespective of her being of 16 years or above, irrespective of the fact that consent was there or not, this shall be termed as rape.

Case # 10

A NGO or trust (being run for orphans or destitute) employee or manager or secretary has sex with any female resident then irrespective of her being of 16 years or above, irrespective of the fact that consent was there or not, this shall be termed as rape.

Case # 11

A hospital employee (staff or doctor), has sex with any patient admitted in the hospital or during the course of some investigation or trial being conducted in the premises of the hospital, then the same shall be termed as rape irrespective of consent or no consent.

Case # 12

A police station in-charge or officer or staff has sex with any female who has come to file some complaint (or is already in police custody) inside the premises of police station. This shall be termed as rape irrespective of consent.

Case # 13

A jailor or jail staff has sex with any female prisoner, in the jail premises, this shall be termed as rape irrespective of consent.  

Case # 14

A college professor or guide has consensual sex with his PhD / Research female student, this shall not be the rape even if the consent was given under the impression that this may lead to better grades.  In this case the girl shall have the distinct known procedure for filing the complaint against the professor before the act is consummated.

Case # 15

An adult male and an adult female have consensual sex in a hotel/guesthouse/motel, with apparently no sign of inducement of drug or force, the same cannot be termed as rape or improper conduct. All the hotels must be strictly warned to get the signature of both male and female on the entry register as well as at the time of the exit, if the declared relationship at the time of entry is anything other than husband – wife. The signature of female on the entry register and exit register is sufficient proof of her consent, if required as evidence.

Case # 16

An adult male has consensual sex with any of the Agamya adult females irrespective of the consent, the same shall be termed as rape.

In all such cases of rapes following aspects need to be considered

·     -  The educational level of the girl.

·     -  The unacceptability of argument in favor of the girl that it was ok if work was done and not ok if work was 

         not done.

·     -  The explicit consent, for favors.

·     -   The choice with the girls to say no and go away.

·     -   The choice with the girl to complaint before hand.

·     -    Absolute absence of force or threat.

All such cases where it is apparent that the girl consented for some favors, cannot be termed as rape. But we cannot miss on one aspect that is what if the girl wishes to stay away from such act and refuses to compromise. In that case the girl should have some means to bring to the notice of some competent authority that she is being pursued or harassed by so and so person.

Rape in true sense must be associated with:

1.      Shear force causing injury or induced surrender.

2.      Threat to kill or harm.

3.      Consent given under fear of bodily harm.

The other aspect which is added in the law is so dangerous that it will make asking a girl “ Aati Kya Khandala” as an offense punishable up to an imprisonment of five years.

This is ridiculous, even if you propose to your girl friend; she can go to police and file a cognizable non bail-able case against you.

Even if you go to massage parlor, your chances of getting doomed are very high, because the girl who gave you massage can go to Police Station and file a complaint that you requested for.  Practically any girl can potentially make you an accused of a very serious non bail-able offense. Your office employee if disgruntled can go to Thana and make your life miserable.

This is absolutely mindless and ridiculous and calls for immediate removal, because if it is not removed then we will have millions of accused under this section in next few years time. Judiciary will not be able to distinguish between sense and nonsense.

My Proposal

This proposal will find the acceptance only if we accept the fact that the desire to have sex is present in every leaving organism, it is a kind of force which requires some manifestation, may be in the direct act or may be in certain creative work, but nonetheless sexual energy needs to be channelized. There are no saints, simply because there is no need to be and sainthood cannot be defined with the sole aspect of celibacy, if people are able to manage their sexual life, then that freedom must be given to them and government must not be too aggressive in considering man as predator, because girls are equally intelligent, desirous and ambitious. The act must be considered as basic need, not at all hurtful or harmful to either gender if done with consent. An agreement for any favor must be treated as consent.

Keeping above in view our, strategy should be:

1.      Legalization of Prostitution.

A man or woman cannot be deprived of sex. Celibacy is not natural and forced celibacy is certainly not desirable. A man (or a woman) should be able to take the services of prostitutes to channelize the sexual energy. This act alone will dramatically reduce the sex related crimes, will bring tremendous amount of social reform and a better life for prostitutes and their children. It is futile to stop the prostitution, and it is stupid and foolishness not to legalize it. Easy accessibility driven by market forces will surely reduce rapes or improper behavior. Legalization aspect can take care of mandatory health certification, mandatory age proof, mandatory registration and also mandatory restriction on the areas from which they can operate.

My argument is very simple, it is taught to us directly or indirectly that sex is bad, indulging into sexual act before marriage and outside the marriage is sinful and disgusting act. Ask any sexologist or ponder over your own sexual frequency with your spouse after marriage, then you will realize that the act of sex is certainly not sinful or bad, it is very natural. Moreover ask any sexual orientation research group, any sociologist for data on frequency of extramarital sexual relationship of human beings, this data would be an eye opener, and will only prove that lifelong monogamy is just the word of decorum. 

So the law, the society, the government first must de-criminalise the normal sexual act between two consenting adults without being judgmental,  provide easy access to sex by legalizing the oldest profession in the world with some restrictions on access to children below the age of 16 or 18. Once this is done, the male female relationship can be catalogued and the sexual acts can be identified which could really be termed as rape or forceful manifestation of sexual energy. These are the cases about which the law enforcement agency should be worried about.

2.      Effective Sex Education in schools.

.          Effective Sexual Harassment Complaint Redressal Mechanism.

3.      Amendment in Rape law to incorporate the proper definition of Rape, consent and sexual harassment.

A rapist should not be spared, but an agreement based favor driven consent should not give a stigma of rape accused to the concern man. And there is nothing criminal in sexual request or demand. The thought of attaching criminality to these words is insane and juvenile.

Consent : Apart from whatever is stated in the law, following point must be inserted in the definition of consent:

A consent given by the female based on promise of certain favors to be done in favor of the female shall be treated as the consent. Similarly a consent given by the female under the threat (real or perceived) of no promotion or demotion or poor posting shall also be termed as consent.

A consent given under certain threat like bodily harm to the lady or to her relations cannot be termed as consent for this section. But such allegations must be demonstrated at complaint stage itself.

Illustration:

1.      An adult lady consents to sexual relationship with an influential person under the promise of some work like promotion, increment, or for some work contract. This should be treated as consent for this section.

2.      An adult lady consents to sexual relationship with an unmarried/married male under the promise that such male would marry her in future. This should be treated as consent for this section.

3.      A female employee consents to sexual favors when threatened of no promotion or demotion or poor postings. This shall be treated as consent for this section.

4.      A lady consents to sexual favors when threatened with bodily harm to her or her relationship. This should be treated as no consent, but importance should be given to the fact that how much time she took in complaining and whether there was imminent danger to her or her relations life. The law must promote people to come forward. The investigation must value the fact that she approached the police on first available opportunity, either before the act or immediately after the act.

5.      A consent given under the effect of some hallucination inducing medicine is no consent. But not only must it be proved that the medicine is administered by accused or his accomplice, and the traces of medicine were found.

6.      A consent given by the girl of age below 16 is no consent for this section.

7.      A consent given by a school girl, or by a destitute house girl, or by a outsider lady in police station, or a patient or a relative of patient in Hospital, a female prisoner in jail or by any of Brahmas Agamyas as listed above, is no consent for this section.

In such cases wherever applicable, the lady certainly can approach the competent authority set up for sexual harassment, before the act is done. Moreover for approaching the competent authority on sexual harassment, there should be some existing fiduciary relationship between the two. A stranger female goes to meet some minister for some favors, and comes out and complains to Sexual Harassment body, this should not be admissible as there is no fiduciary relationship between the two, but if the personal or official staff of the minister approaches the committee, then yes her complaint must be lawfully disposed off.

Rape

A.

An act involving penetration of female mouth, vagina  or anus by any external object or by any physical organ like penis, finger, hand  etc shall be termed as rape if done without her consent.  This section shall not be applicable if parties involved are only and only husband and wife, but if husband forces the wife to have sex with other males along with him then the same shall be termed as rape if done without her consent.

B.

For the charges to be proved against any accused the sexual intercourse must be proved by the prosecution and involvement of the accused must be proved by the prosecution.

C.

There shall not be any presumption with respect to words of victim, but the judicial officer of the rank higher than that of Session Judge can consider the case on circumstantial evidence, if it appears that victim was kept away from complaining or could not complaint due to fear or threat by accused side. In such matters direct evidence of injury, intercourse may not compel the court to acquit the accused.

Illustrations

1. Presence of male semen on the female body part or on the female clothes, is sufficient proof of involvement of accused, this coupled with the fact that female is no virgin, is the sufficient proof of commission of act of rape by accused.

2. If the aggrieved female is below the age of 16, and medically she is found to be no virgin, then accused cannot be absolved on the sole ground that offense took place long ago and no immediate evidence is found of intercourse or rape.

3. If the aggrieved female is one of the Agamyas as identified above, then also the condition as per illustration (2) shall apply.

Sexual Harassment

The policy is wonderful and the same shall be implemented with some amendments, keeping in view the provability of allegations. S.354 of IPC must be over hauled to make the same more sensible; criminality should be attached only to following types of harassment.

1.      Improper groping or touching of female parts against her wishes.

2.      Stalking as defined in new amendment.

3.      A person, who is warned by the Anti Sexual Harassment committee once, indulges into the same act with the same female again.

4.      In the work place if the aggrieved lady does not wish to approach any authority or there is no such authority in place then she can write an email warning the concern person, and asking him to stop his advances.  This mail can be written directly to the person or to his senior. If despite this email the concern person continues to seek sexual favors.

The existence of such email if received by the concerned person is the sufficient evidence of no consent by the female, on the matters of sexual favors.

5.      Obscene sign or obscene words to insult the female in the public places, these cases shall be settled in summary trial if the accused is apprehended on the spot with at least 3 supporting eye witnesses.