When my esteemed colleague, picked the hackneyed cudgels on behalf of a groom who was repulsed and rejected on by his fiancé at the alter, the tone was befittingly light and airy.
For after all, when were we as (Indian) men given the right to act justifiably outraged at the misogynistic mores of modern day India? Taking a strong moral ground, may be intellectually possible, it’s however, impossible to socially vindicate oneself when all laws – be it legal, social or moral, favor women.
Case in point, is the trial of one Arif Iqbal, who was acquitted by the Delhi High court of rape charges, which were leveled against by him by the woman he had been sleeping with for year. His ‘crime’ was a false promise to marry girl. Not surprisingly, feminist groups are gearing up for a media (and morcha) lynching of accused and the judge of who presided over the case.
Ironically, the Supreme Court had sentenced another man to seven years of rigorous imprisonment for the same ‘crime’. He too had promised marriage to a girl, which he didn’t keep. According the judge, the ‘consent’ acquired from the girl, ‘is no consent as per law.’ While both men, were indeed guilty of the crime of ‘cheating’, of rape they certainly were not. But who am I to question the Indian legal system (that’s being hailed by women’s group for its revolutionary ‘498A’ divorce law) for its ‘well meaning’ laws.
As per an exhaustive 5 year study published in TOI, over 18% of all sexual-assault charges reported in the Delhi-NCR region were found to be false. While numerous examples can be cited, will it actually be of any help to a man falsely accused of rape? What we need to so do is look for a solution, and a practical one at that. Since the judiciary in absence of physical evidence, takes the prima facie (farcical??) evidence given by the victim, only something as concrete as a legal document, signed and stamped may be strong enough to shield hapless men accused of rape.
Ironically, the Supreme Court had sentenced another man to seven years of rigorous imprisonment for the same ‘crime’. He too had promised marriage to a girl, which he didn’t keep. According the judge, the ‘consent’ acquired from the girl, ‘is no consent as per law.’ While both men, were indeed guilty of the crime of ‘cheating’, of rape they certainly were not. But who am I to question the Indian legal system (that’s being hailed by women’s group for its revolutionary ‘498A’ divorce law) for its ‘well meaning’ laws.
As per an exhaustive 5 year study published in TOI, over 18% of all sexual-assault charges reported in the Delhi-NCR region were found to be false. While numerous examples can be cited, will it actually be of any help to a man falsely accused of rape? What we need to so do is look for a solution, and a practical one at that. Since the judiciary in absence of physical evidence, takes the prima facie (farcical??) evidence given by the victim, only something as concrete as a legal document, signed and stamped may be strong enough to shield hapless men accused of rape.
Sounds farfetched? A ‘sexual consent form’ drafted by a Los Angles based sex therapist Ava Cadell and her lawyer husband is gaining popularity in the west. The mass media hysteria that followed the Kobe Bryant case, in which the Lakers guard was accused by a 19 year old girl of rape, and he maintained the sex was consensual, inspired the couple to draft the form.
This is what the 'sex consent form' looks like:
Will the ‘sex consent form’ work in India?
According to Cadell, her forms are designed not just for the protection of celebrities and businessmen but for anyone, who can be accused of sexual misconduct. While it will take a good few years for a sex consent form to be taken seriously in India (Indian judiciary is still ambivalent in its stance on prenups), a valid legal document (signed by both parties involved) can’t be rejected out of hand by any court of law.
In fact, if accused of rape anyone would better off with a consent form, than without one. In fact, the Indian version of the form should have another inclusion – whether or not the accused (the man) did or didn’t promise marriage in return for sex.
While it’s true, that people might find it a little awkward to introduce the form to a prospective lover (without dousing the candlelight), Cadell believes that if done skillfully, the action could actually spice up things in the bedroom.
In fact, if accused of rape anyone would better off with a consent form, than without one. In fact, the Indian version of the form should have another inclusion – whether or not the accused (the man) did or didn’t promise marriage in return for sex.
While it’s true, that people might find it a little awkward to introduce the form to a prospective lover (without dousing the candlelight), Cadell believes that if done skillfully, the action could actually spice up things in the bedroom.
NEWS Link:- http://www.mensxp.com/dating/deal-breakers/660-will-sex-consent-forms-work-in-india.html
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