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ragz hyder (PM)     22 March 2013

Anti rape law: staliking and voyeurism

Its over..india is detroyed. FINNISHED.

Atleast men could avoid marriage to avoid 498A

Or avoid Live in Relationships to avoid DV

Now they cannot avoid anything. Every b*tch on the streets can put false cases of stalking, voyeurism on innocent students and destroy their lives making them roam in courts.

Females dont contirbute to economy as significantly as men - atleast not in a GDP measurable way. If they think they are helping the women they are mistaken. If they think there wont be any reaction from men mistaken. this is getting too much.

India is f**ked. Time for a pakistani or chinese invasion and lets see how the females protect the country. Too much...how can they do this?



Learning

 18 Replies

dv (ghvhb)     22 March 2013

Problem is that only men whole have faced Or facing 498a or dv know the harassment that is involved. Now because of the new law every Tom, d**k and Harry will suffer which hopefully will trigger nationwide unrest. I maybe wrong however the lame mentality ' chalta hai ' adopted by men has to be abolished. MEN SHOULD GO ON A NATIONWIDE STRIKE..... NO WORK TILL IT'S MADE GENDER NEUTRAL AND SALE PUNISHMENT TO WOMEN WHO FILE FALSE CASES.. India has passed the law but do they have provisions like jails, police and courts to handle this... another log of few crore cases will come in exsitance. They tested a missile Brahmos, where is the submarine to launch it :) Politicians running the country is like bandar ke haath mein dumroo Not even God can save this country....

Manish Udar (www.Mehnat.IN)     22 March 2013

There are many mistakes in the laws of India. I will expose them.

www.mehnat.in

Tajobsindia (Senior Partner )     22 March 2013

Who says women don’t contribute to economy?;

- every lipstick they purchased
- every sandals they purchased
- every apparels they purchased
- every perfumes they purchased

- every health products they purchased
[imagine their above daily needs they splurge on compared to you as illustration you use shaving blade for a week whereas they use and throw away their first lipstick!]
- every weekend restaurants food bills they made you shell out
- every street hawker nurtured by them and account met by household wallet
- every milkman put on daily roaster by them and account met by household wallet
- every washer man put on daily roaster by them and account met by household wallet
- your first bike – remember which crush prompted you to fight with your dad to get one before even your first hair on your chin yoru crush noticed 
J

- your first car brand / color / design / interiors – remember who made the decision to empty your pocket?
- her first HOME – remember who brought the Loan papers from Bank?

the list can be expanded but want of Moon,
Taras and Bizalis here I am making it just to the point
J


Vs.

- what do men do from above on daily basis to contribute much larger than nation’s women other than coming end this month ADJUSTING their IT Return?

BTW, it is said it is a Man who misuses the Law !

– ask yourself which gender is in majority in Judiciary / Legislative wings / Media / Police – all important pillars for a democracy?
- ask yourself which gender gave you toughest competition to win her over in college?
- ask yourself which gender gave away her hand to you?
- ask yourself which gender typist typed her complaint?
- ask yourself which gender legal professional facilitates your hide-n-seek in Court just to have a glimpse of HER?
- if above is not enough then ask yourself which gender supposedly gets influenced by her sari, sindoor and glycerin when time for a man's moment of truth (court verdict) comes?


So, don’t get emotional on their purchasing power and how economy gets benefit so much indirectly by their decision making in each and every of their purchase allegedly from a MAN’s wallet.

[Above inked on lighter side]
--------------------------------------------------------
I support the two definitions in Amendments. It is for our own women’s protection. Though you may be a saint out here but there are enough sinners waiting on the prowl out there.  

The question of gender neutrality is much desired in Amendment nevertheless it is just the first step.

Ask yourself a loud question

– which law cannot be misused?

1 Like

ragz hyder (PM)     22 March 2013

woow sirji great response...i agree on your economic spending imperatives the fairer gender creates.

Which Law can be misused....cant think of one...cant think of one which has been inked with specific purpose of misuse and exploitation except the family laws in india...its like the demons of modern day are in the heads of all of us...not a separate entity like ravana...sabke dimaag main shaitaan ghus gaya hai..ab bhagwan ka aana bacha hai

reminds me that 2012 is just past...

The below is just an objective view. Please dont consider this as profanity.

coming to the laws...can men not be raped by women? does the act of an involuntary erection (comes under involuntary per medical definiton...we have viagras for a reason) mean consent?

can a women not rape a man...definition of rape per WHO  "physically forced or otherwise coerced penetration – even if slight – of the vulva or anus, using a penis, other body parts or an object" What if a woman uses an object in a man's rear..? perhaps she is stronger..dont we have boxing champions and women wrestlers in our country who have won olympic medals?

perhaps he is drugged.

Can a woman not force herself onto a involuntary erection of a man. if a woman says no it becomes a rape the same no should be correct for a man

Can a woman not facilitate rape by holding the victim down

Are there no lesbians in the country?

For every dalal there is the madam of the house.

What if a woman is stalking a man

Dont men need bathrooms...? what is a woman is staring at him in his act?

Every crime including murder looks at character and history of a person. Whys should the s*xual history or promiscuity of the alleged victim not be a point of contention or consideration in judging the genunity of the case?

Second offence of stalking and voyeurism is non bailable..? Really? woow...thanks for leaving the first aside.

This is not to demean true victims. Men are equal victims and an increasing share of false cases.

Maybe like there is a database on child molesters there shoiuld be a public database on 498 A women whose cases were false.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 March 2013

Men and women are different, so oftentimes they “talk” but fail to “communicate”. That will just make matters worse. Couples need to find an effective method of communication. Communication is often the major player in holding a marriage together. Unfortunately, many couples lack this skill and desperately need to work on it.

Msk-need -nuetral- laws (self)     22 March 2013

While it can be agreed to the fact that this  law can be misused a lot, but outrightly rejecting the whole is not acceptable, yes, stalking is one such section in that, probably as BJP and SP requested in parliament there should be elobrate debate on this in public domain as well with coverage for avoiding misuse. However punishment for rape upto 30 years should be welcome by every one, and only thing as it is emerging fact that many rape cases found to be false, there should be equally a protective mechanism against false cases.

Tajobsindia (Senior Partner )     22 March 2013

 

Originally posted by : Sam !2! Sam

 

Sorry Tajobs , I slightly disagree ...

XXX They dont contribute to economy at all  ... i think 'destroy' is the right word ! 

 

@ Bhaisahib,

 

With me either you ignore in toto my replies here or fully agree to them but never tell me "I slightly disagree!".
I see that as gross lack of knowledge and fixation only to think a woman is just a wife and to me a woman also goes beyond mere once wife.

Illustration:

Women contribute 63% to agricultural production, in their hands lie the welfare of the whole family and society; they are the keepers of the commons and the indigenous seed heritage of the country. Yet, they are almost completely in the unorganized sector (71%) having no assets or economic security. Even though Indian economy is growing at a rate of 9 %, 52% of women of the country suffer from malnutrition; they go hungry even when the granaries are full and overflowing, rotting.

 

Just on a back of the envelope calculation shows that women in agriculture, at a minimum wage rate of Rs.100 per day, are underpaid to the extent of Rs. 93000 crores per year. Thus, Rs. 93000 crores is the extent to which women have been subsidising food production in this country every year. I suppose you just had your ' subsidised lunch' which was curtsey nation's woman contribution to its GDP and the moment you think paying her back even this Rs. 100 all legislative balls will evaporate and with this rejoinder we will discuss some other time on lipsticks vis-à-vis shaving blade of a man.........


Also ask yourself when was first female born in India and since then did India have destroyed that one recent definition on stalking / voyeurism Amended in Law books will destroy India?

Savvy!



On a lighter foot note;

To me below adv. link is stalking and to you it is gender neutrality Righto bhaisahib
J

https://www.youtube.com/watch?v=4XQ7x7c2hkQ


[You /  Your / Yourself = generic mentioned nothing personal in such constructions here]

Amit (NA)     25 March 2013

Well, coming back to the law:

Here are some disturbing statements:

 

Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific s*xual act:

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the s*xual activity.

 

 

where s*xual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consent.

Manish Udar (www.Mehnat.IN)     25 March 2013

@Amit can you give a link to the law which states this?

Amit (NA)     25 March 2013

In view of the fact that stalking has become a criminal offence now, how are husbands going to catch the wife committing adultery or prove to the court that she is living in adultery.

 

I have seen many posts here wherein it was suggested that the husband should employ some pvt detectives and gather photo/video proof of the live-in or adultery. Isn't that a criminal offence now? Also if the photos and videos have indeed been recorded and produced before court, will the court not punish the husband/detective for stalking the woman?

 

How is the husband ever gonna prove that she is indeed living in adultery?


(Guest)

^^^


Going by your reply, now men cannot even prove that the lady in question is adulterous in nature, by hiring a detective.  Detectives will hereon will have to take anticipatory bail and start their job of following women Lolzz.


Perhaps it can be done like this, jaise pichle dino mein raja maharaja vesh dhaaran karke, apen desh mein ghoomte the, theek waise husbands will have to become masters of disguise and follow wife to get evidence of her adultrous nature.  Even then husbands will have to carry a  their original ID proof with them, just incase wife starts screaming help help and some police nearby takes you into custody :-))


Meaningless laws :-((

Amit (NA)     25 March 2013

Law on stalking reads as:

 

 

354D. (1) Any man who—

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

(ii) monitors the use by a woman of the internet, email or any other form of electronic communication; or

(iii) watches or spies on a woman in any manner,
that results in a fear of violence or serious alarm or distress in the mind of such woman,

or interferes with the mental peace of the woman, commits the offence of stalking: 5

Provided that such conduct shall not amount to stalking if the man who pursued it proves that—

(i) it was pursued for the purpose of preventing or detecting crime and
the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
10

(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or

(iii) in the particular circumstances such conduct was reasonable and justified.

 

So it talks about "any man" including husband. If husband is found stalking her, he's punishable.

The point goes further viz., even if somehow the proof of her adultery is obtained w/o being caught, can it shown to court, the proof itself is a testimony of the fact that stalking has happened.

Tajobsindia (Senior Partner )     25 March 2013

 

 

Originally posted by : Amit

 

I have seen many posts here wherein it was suggested that the husband should employ some pvt detectives and gather photo/video proof of the live-in or adultery. Isn't that a criminal offence now? Also if the photos and videos have indeed been recorded and produced before court, will the court not punish the husband/detective for stalking the woman?
How is the husband ever gonna prove that she is indeed living in adultery?

 


Hypothetically yes. But first she will face adultery charges filed by her husband and then will be cajoled to file ‘stalking’ which will then be construed by husband's side as ‘counter blast’ and proceed on quash provided he is able to prove adultery first further provided that the evidences thus collected were of silver quality to get quash on her stalking case which was 'counter blast' is what persuasive pleading then would be.

So it all boils down to quality of evidences to take prospective case in hand forward and not in vacuum one should be afraid not to take the journey to collect best evidences of adultery first even if such Amendment is now made Law.  It is like saying Dowry Law is there yet till this very moment someone is giving dowry, so that means you stop filing DP complaint against In Laws, ok she gets protection seeing her in vulnerable position but so what atleast file charges against In Laws!

Simple thing all married men should take note of here is that stop talking so deep unlike your wives who just signs at dotted lines on papers prepared by their advocates. Had they also thought like you they would not have managed to slow you down and spend years contemplating and then calling it is all ‘false’.

Act judiciously as every Law is subject to interpretations. The first mover always has sympathy of the Court; are you the one in reference to above Section under Amendment
J

In adultery charges her ‘vulnerability’ is to be shown by pleadings and primary / secondary marked evidences not her and third persons ‘actual act under switched off lights’ that is where majority of you are confused on how to prove adultery / difficult to prove adultry etc. This is recognized in common law including Indian law interpretations. Flip this and ask why she is not charged for adultery? It revolves around her ‘vulnerable’ position in society is what decisions says.

Under Common Law followed countries you have better alibi to negate charges of stalking this is in cases when a husband is following legal wife to collect evidences of her adultery unlike American and EU laws on same lines. Here in Asian context court is interested to know ‘motive’  behind a husband following legal wife (even when some other cases lis there). The moment a husband from Common law followed countries pleads dereliction of his husbandly duties her charges is bound to fall flat as Common Law follows society; society has emotions, sentiments and thus Law following society always tries to protect weaker one before her. Here the same court sees husband weak and thus protects him from alleged charges of ‘staling’ and sees some ‘counter blast’ conspiracy too.

In my opinion this Section is a very weak section even for b/f following g/f scenarios which I may cover next time as here the subject is revolving around saving legally tasty skin of a married husband whose wife is on alleged adulterous path and discussion on bar of ‘stalking’ looming on the horizon if a detective does it or for that matter her own husband does it.



As a summary offence, the quoted Section under Stalking which you placed requires an information or complaint to be laid within 6 months from the time when the offence was committed, or the matter of complaint arose. The 6 months' limitation should run from the last date of the course of conduct alleged.



An integral part of the stalking offence is establishing that harassment has taken place. In determining whether the defendant ought to know that the course of conduct amounts to harassment, the question to be considered is whether a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other. Even if a detective service used it will be difficult for your wife to prove this very basic ingredient to get summary charges proved that is why first time offence is waved off in the very Amendment but second time it leads to prison or fine or both so on so forth interpretations are. Replace detective and enter you, same interpretations comes handy along with you showing her ‘vulnerable’ position since still she is your legal wife and had you not followed her the same lawyer of hers would have charged you of deliration of your husbandly ‘duties’ no matter some sub-judice matter pending in Court, that is how arguments are built in defence on subject……….

You = generic used


@ Sam

I can give you a reply but want of your understanding to my previous reply and diverting it to 'who is superior gender' I am stopping myself to reply any further. Further stats. that I placed earlier were of GOI and I do have other official stats. too as you asked me to place them and to fill in as rejoinder to your two takes but like I said we will meet at the same bridge very soon on your diverted topic once I know you are at same wavelength on topic discussions. 

Amit (NA)     25 March 2013

I can't say stalking should not be punished but the woman who complains should be asked to prove why she felt threatened by the stalker (either ex-boyfriend or a person with criminal background etc). Stalking was made an offence under the assumption that it leads ultimately to crime against that woman.

Or the husband should be able to obtain permission (w/o the knowledge of his wife) to monitor his wife since he apprehends her adulterous life.

In the absence of any proof of threat from her, it shud not be punishable. Anyway, I'm not expert in these but I think the detective agencies will be out of business going by this unless they're really smart about this.


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