Tuesday, March 07, 2006

Women's Day

Prosecution in cases of sexual harassment will never be successful, especially where there is no physical evidence to show proof, if only because of the design of the current legal and law enforcement systems which are archaic and hence patriarchal to the extreme. Case in point, under current Indian law, there can be no rape of a woman by a husband within the arrangement of marriage (Exception to S. 375 of the Indian Penal Code reads that "Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape."]. Or vice-versa. The only exception is when they are judicially separated and it is without her consent. This logic stemming from a pronouncement made in 1778 that "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, which she cannot retract."

This aside, the point I seek to make is regards a better method to punish sexual harassment and deterrence. What I propose is to shift the onus of proof over any alleged act of sexual harassment, defined as may be appropriate, to the accused. A reverse onus clause, that "shifts the burden of proof on to the individual specified to disprove an element of the of the offence." This along with an economic disincentive (The idea of imprisonment is sufficiently delayed from the commencement of trial for it not be a credible deterrent. This is not to suggest that a fine be the only detterant. Just the preliminary one. Imprionment is still an option), specifically a fine (calculated on the severity of the offense so alleged) that will be placed, at the outset, in State escrow pending the outcome of the trial, might prove to be a better way to tackle the problem. Of course, the Malimath Report of 2003 goes so far as to advocate the negation of the presumption of innocence in certain instances, POTA being one. That may be going too far in changing the basic structure of our criminal justice delivery system.

Dilettante favours an amendment to S. 375 of the IPC and special fast-track courts to judge cases of spousal abuse [and sexual harrasment].


Technorati tag: The Blank Noise Project blogathon


BLANK NOISE PROJECT: bangalore mumbai delhi: Blank Noise Presents....

5 comments:

kart said...

Interesting. I guess I have to think about this a little. I am not sure that S. 375 should be changed, though what constitutes rape and lines of sexual harrasment in a marriage needs to be more clearly defined. Very simple point... it is considered harassment, if a man looks lasciviously at a woman at work. The same does not hold for a husband looking at his wife.
Also, I agree that justice needs to be served faster, but fines are never enough. If i hadn't moved to Delhi, I would have said, yes, money is a sufficient deterrent but now I know that no amount of money can be a deterrent. No amount. The punishment needs to be harsher. The courts need to act faster, and punishment for rape nothing short of death. Instill fear and show that there is no escape route. Fines, jail time, all give hope to people who committ these crimes and that can't be allowed.
I elaborated a little more on this in an article Iwrote a while back...
http://iamnovip.blogspot.com/2005/12/rape-whose-fault-is-it-analytical.html

blr bytes said...

The amendment sought was the repeal of the "Marital Rape" exception to S. 375. The concept of the "Fine In Escrow" was an adjunct to jail-time. Only, it would be effective at the outset, whereas a judicial inquiry and declaration on guilt would lead to jail-time and the fine. If he is found innocent, the escrow agent will repay the amount to the accused in question. Death might be appropriate in extreme cases, but it's hardly a Liberal response.

madjos said...

are you guys talking about me again?

blr bytes said...

Yes, MadJos, it's always about you, bloody bigot! ;-)

Anonymous said...

豆豆聊天室aio交友愛情館2008真情寫真2008真情寫真aa片免費看捷克論壇微風論壇plus論壇080視訊聊天室情色視訊交友90739做愛成人圖片區080豆豆聊天室 台中情人聊天室桃園星願聊天室高雄網友聊天室新中台灣聊天室中部網友聊天室嘉義之光聊天室中壢網友聊天室南台灣聊天室南部聊坊聊天室台南不夜城聊天室南部網友聊天室屏東網友聊天室台南網友聊天室屏東聊坊聊天室網路學院聊天室屏東夜語聊天室一網情深聊天室流星花園聊天室真愛宣言交友聊天室上班族f1影音視訊聊天室哈雷視訊聊天室080影音視訊聊天室援交聊天室080080哈啦聊天室台北已婚聊天室已婚廣場聊天室 夢幻家族聊天室摸摸扣扣同學會聊天室520情色聊天室QQ成人交友聊天室免費視訊網愛聊天室愛情公寓免費聊天室拉子性愛聊天室柔情網友聊天室哈啦影音交友網哈啦影音視訊聊天室櫻井莉亞三點全露寫真集123上班族聊天室尋夢園上班族聊天室成人聊天室上班族080上班族聊天室6k聊天室粉紅豆豆聊天室080豆豆聊天網新豆豆聊天室080聊天室免費音樂試聽流行音樂試聽免費aa片試看美女交友聊天室色色網聊天室交友情人視訊網0401成人交友080哈拉聊天室成人交友聊天室嘟嘟成年人網洪爺成人影片嘟嘟成人網免費視訊免費視訊聊天A片免費a長片線上看色情貼影片免費a長片本土成人貼圖站大台灣情色網台灣男人幫論壇A圖網嘟嘟成人電影網火辣春夢貼圖網情色貼圖俱樂部台灣成人電影絲襪美腿樂園18美女貼圖區柔情聊天網707網愛聊天室聯盟台北69色情貼圖區38女孩情色網台灣映像館波波成人情色網站美女成人貼圖區無碼貼圖力量色妹妹性愛貼圖區日本女優貼圖網日本美少女貼圖區亞洲風暴情色貼圖網哈啦聊天室美少女自拍貼圖辣妹成人情色網台北女孩情色網辣手貼圖情色網AV無碼女優影片男女情色寫真貼圖a片天使俱樂部萍水相逢遊戲區平水相逢遊戲區免費視訊交友90739免費視訊聊天辣妹視訊 - 影音聊天網 080視訊聊天室日本美女肛交美女工廠貼圖區百分百貼圖區亞洲成人電影情色網台灣本土自拍貼圖網麻辣貼圖情色網好色客成人圖片貼圖區711成人AV貼圖區台灣美女貼圖區筱萱成人論壇咪咪情色貼圖區momokoko同學會視訊kk272視訊情色文學小站成人情色貼圖區嘟嘟成人網嘟嘟情人色網 - 貼圖區免費色情a片下載台灣情色論壇成人影片分享免費視訊聊天區微風 成人 論壇kiss文學區taiwankiss文學區自拍美女聊天室日本成人短片