Reject proposed change to rape laws they make male kids an easy prey to sexual abuse

Biased laws make male kids an easy prey to sexual abuse

Recently the Government has approved changes in the Rape Law via ‘THE CRIMINAL LAW (AMENDMENT) ORDINANCE 2018’, passed in April’18 in name of Protection of Children.

I have strong objections against the said Ordinance. The Ordinance is clearly Anti-Male and Anti-Boys:

The current Rape law (IPC 376) has been modified with minimum term of 10 years instead of 7 years. Done under pressure of Feminist lobby who have been trying to keep men behind bars on mere accusation of Rape. This amendment throws Rape accused out of ambit of CrPC 41A procedure. With Conviction rate of mere 23.9% (NCRB 2016) and a known increase of False Rape cases, this amendment will bulldoze every Male’s Constitutional Right under Article 21 of being arrested without conviction.

The Rape Law, IPC 376, in itself is complete Gender Biased and does not consider man as a victim. The above amendment makes it further draconian. There are court observations also on how men are at receiving end of the misuse of Rape Law and few judgments also talk about no law/no protection/no rehabilitation of men who are falsely accused.

Edits are done to IPC 376 via this Ordinance to impose stricter punishments for Rape of girls under 16/12 years of age. Now raping a girl child under 12 years may get a death penalty while raping a boy child under 12 years, will have the perpetrator given just 3 years imprisonment. So, Punishment for raping a 12 years old boy is just 3 years, while raping a 12 years old girl is death penalty too. Isn’t this amendment now spreading gender based bias and making our male children an easy prey of sexual offences? Itsn’t it rightly termed as #RapeBoysOrdinance by the activist supporting equal rights and safety to boys?

Ordinance also edits CrPC 173 from “completion of investigation of child rape within 3 months” to “completion of investigation of Amended Rape law within 2 months”. This takes away the right from a young boy, victim of Sexual Assault, of a speedy Investigation. The Ordinance thus, is in complete violation of the Constitution (Article 14, 15) where male gender especially male child has to suffer more.

Ordinance also mandates disposal of Rape law crimes (conviction or state) appeals within 6 months by High/Session courts. In the country with humongous pendency of cases, isn’t such a preference (based on gender & crime type) stripping the citizens off their right of getting speedy justice?

Provision of Anticipatory Bail has been removed in the Ordinance which is Unconstitutional. Recently the Hon’ble Supreme Court has shown it’s serious displeasure of removal of CrPC 438 as a violation of Fundamental Rights in the Atrocities Act and has also issued notice to State government of U.P. to reinstate the provision of CrPC 438. The Ordinance completely ignores the efforts of the Hon’ble Supreme Court in upholding the rights conferred to every citizen of India by the Constitution.

Ordinance mandates a 15 day notice for the Public Prosecutor, Presence of complainant as mandatory for Bail hearing by High Courts under special powers. Thus, the Ordinance mandates that on mere allegation, it is now absolutely necessary for an alleged accused (not convict) to be behind bars for at least 15 days or till the physical appearance of the complainant in the court on Bail petition. This in itself violates the rights of an accused (high % of falsely accused), especially when Rape law has a conviction rate of less than 24%.

It is not clear that why the Government chose to make amendments to Rape Law and not the POCSO Act, if the intent was to make laws for protection of our children stricter.

This Ordinance has back stabbed our sons and has deprived them of equal protection under law.

It would be pertinent to add here that as per the only Government data available on Child Sexual Abuse (Child Sexual Abuse Study, 2007, Ministry of WCD), of every 100 children sexually abused in India, 53 are boys (6% more than girls). And this percentage goes above 65% as the boys grow from 18 years to about 24 years. With such an alarming data, the Ordinance still kept Sexual Abuse of boys out of it’s ambit. This indeed is a War raged on our sons by this #RapeBoysOrdinance.

I request your kind support to save our sons as the country needs sons also and just not daughters by rejecting this Ordinance and stopping it from becoming a Draconian, Anti-Male, Anti-Boys Law. Every Parent every citizen of this nation should demand to reject anti-boys/male ordinance on rape/pocso law, 2018

PRAYER TO MEMBERS OF PARLIAMENT: TO UNANIMOUSLY VOTE AGAINST “THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2018” FROM BECOMING A DRACONIAN, ANTI-BOYS LAW.

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