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Sexual crimes are on the rise in our society. Perhaps criminals are emboldened because they have not been punished for their past misdeeds. In some cases the criminals buy social respect and political power to perpetrate sexual oppression. The lion- hearted, if any, turn Nelson's eye to social oppression of this nature. The chicken- hearted men are not expected to resist the criminals who unfortunately possess both fat money bags and command political power. How will the social system protect teenage girls, young boys and pretty women from the onslaught of sex maniacs and compulsive rapists? Well, the answer lies in inculcating and developing moral courage among the rank and file of the society and devising plans for effective punishment and elimination of sex pests. Let us first identify the problem areas and look for solutions.

 

PERMISSIVE SOCIETY

 

Some sociologists are of the opinion that the present day society has become permissive and does not castigate those individuals who infringe social and sexual norms. Both the electronic and print media collect, collate and disseminate information on sex to such an extent that teenagers are motivated to have a trial run of what they have seen on the small screen or read in print. In some cases the youth is sexually aroused and with both boys and girls living and studying in close proximity, sexual experimentation and sexual escapades become a norm rather than an aberration. When space for stolen love is not available they take shelter in public parks and look for secluded and dark corners to carry on with sexual acts. it is here that they become vulnerable to attacks of and exploitation by sex pests in the society. Exploitation by criminals becomes an ongoing process and the victims do not have moral courage to call a halt lest they stand exposed in their social circles. What a vicious circle it becomes? Indeed it is a sad situation but it is there.

 

Where do we go from here? Let us identify criminal elements first, have them brought to book and subsequently wean away our young boys and girls from sexual pleasures that give more pain than pleasure. Easier said than done? No, pt is not a tall order. Let us go to the Buddha Jayanti Park in New Delhi. It is an ideal setting for what has been described in the previous paragraph. Surprisingly, the villain in a recent case of sexual exploitation of young love birds were none other than the Rashtrapati ke Angrakshak of an elite mounted unit called the President’s Body Guard. How long had they been committing this crime of intimidation, extortion and forced sex amounting to Rape is anybody's guess. The soldiers brought a sense of shame to the Rashtrapati Bhawan and the Indian Army. Anyway, hopefully a full stop was put to sexual offences. Nevertheless, one has to be on guard lest history repeats itself.

 

A two-pronged attack should be launched on the phenomenon of permissiveness in the society. Cleansing of minds, elimination of pornographic literature available to teenagers in print and on small screen and regulated outdoor life will be steps in the right direction. The vulnerable sections of the society should be cautioned against surprise attacks of human predators who roam about roads and lanes looking for easy prey. It is our DHARMA to protect our children by increasing awareness of such situations where harm comes in a big way. Keep the teenagers out of harm's way, that should be our suraksha mantra. Also we should all remember that "Prevention is better than cure". There is no point in lamenting after the honour of the individual and the family is robbed at gun point. In some cases rapists took the plea that the girls lured them into performing sexual acts and that it was consensual sex and Not Rape.

 

RAPE AND CONSENSUAL SEX

 

The Indian Penal Code is specific on what constitutes rape. Section 375 IPC defines it and the punishment is awarded under section 376. Presently we shall also draw a distinction between consensual sex and rape. When two consenting adults, one man and one woman, have sexual intercourse of their free will without fear or inducement, the act does not attract penal provisions. However, if there is a false promise of marriage just to have sex, it would be termed as rape. If the rapist paints a false scenario to the prosecutrix and has sex, it would be termed rape. In one case a doctor while examining a pretty bride for stomach pain, bared her body and had sex as a part of treatment, the court termed this bizarre medical operation as rape. It is also laid down that mere penetration of penis into vagina is sufficient to constitute the offence of rape. Young and inexperienced teenagers must take care so that they are not exploited by sex pests who are ever ready to take undue advantage of their innocence.

 

The question of consensual sex does not arise when the girl is a minor. A girl under 18 years of age may consent to have sex with a man but the sexual act will be termed as Rape. Consent to have sex with a minor is not valid in the eye of law. Let our children know the correct position of law so that they protect themselves and their honour from the onslaught of sexual perverts and pests.

 

OSTRACIZE SEX PESTS

 

PEER PRESSURE AND SOCIAL PRESSURE ON A SEX PEST WORKS WONDERS. Man is a social being and cannot live alone. Every human being gets his or her sustenance from the social set up, be it food or water or company of fellow human beings. Many old men and women who are physically unable to move around, invite school children to their homes so that they hear human voice in their own home. In turn the lady of the house cooks goodies or buys from the market for the children so that they find visit to senior citizens worthwhile. Moral of the story is that hearing human voice is also like oxygen and sustains an individual.

Thus, if a sex pest is shunned by the society as a whole, he won’t be able to survive. There has to be complete cohesion in the society so that social boycott of the sex pest is effective. Sociologists may also advise heads of communities to boycott the sex pests successfully. The results will be really amazing.  Ostracising of the sex pest should be a voluntary step by the society and the compulsion of law may not be brought in.

 

All said and done, sex pests have to be either eliminated or made ineffective. The teenagers will feel the difference and in the absence of their tormentors, enjoy the cool breeze of the morning and hear the birds sing when the cows come home in the evening. Indeed the teenagers will be in Heaven while living in this world.

 

By Brigadier Chitranjan Sawant,VSM

ADDRESS  : UPVAN 609, Sector 29, NOIDA - 201303  INDIA  

Email : sawantg.chitranjan@gmail.com or upvanom@yahoo.com


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Category Criminal Law, Other Articles by - Chitranjan Sawant 



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