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Sex before marriage is Rape says Delhi HC, is it right?

Page no : 4

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     05 February 2010

Mr Arvind, THANKS.

"If your question is regarding indian law, The answer is clear cut that woman can not be prosecuted for rape, as defined in IPC"

you are perfect here. If the question is limited to IPC, then you are absolutelt perfect.

But Mr Assumi's arguement (dtd 5/2 at 201 hrs) is beyond that. According to Art.15(1), The constitution & the Parliament will not discriminate on the basis of zender, and if it discriminates the law will be void under Art. 12 & 13 of the COI. But Art.15(3), The constitution Providing constitutional power to the Parliament to discriminate man and woman.

THE QUESTION IS, -  WHY IT IS SUCH?

IN A SINGLE ARTICLE, IE, ART 15, -  

WHY SUCH CONTRADICTORY STATEMENTS ARE THERE?

HAS ANY PERSON (INCLUDING, MS. REKHA JI) ANY LOGICAL ANSWER, WHICH IS ACCEPTABLE TO A 'PRUDENT MAN' AS DESCRIBED BY INDIAN EVIDENCE ACT ? 

Anish goyal (Advocate)     05 February 2010

Art 15(3) is like an exception to article 15(1)

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     06 February 2010

art 15(3) not exception, it is part of art 15, as 15 (1). this contradiction should be solved.  it is the root cause of all most all matrimonial and other male-female relationship.

G. ARAVINTHAN (Legal Consultant / Solicitor)     06 February 2010

 my friends are discussing well. Proceed. i want to know more..

N.K.Assumi (Advocate)     06 February 2010

In India evrything about Legislation is turning hostile to the male tribes. Adultery is against man only, if a girl commit sucide her boy friend is booked under criminal law, if a man cut off a relationship he is charged with Rape etc, etc? Where is our law heading? Parliament is the law making but law must take into consideration the voice of the people, that is why we are discussing.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     06 February 2010

mr assumi, i fully support in this arguement.

Shree. ( Advocate.)     06 February 2010

Dear All,

I have missed a lot in this discussion. I just read some hot stuff, I have not read before on s*xuality. I love the maturity exhibited by contributors out here. I must say that if something is wrong with pre-marital s*x, then something must be equally wrong with pre-marital kiss or pre-marital hug or pre-marital cuddle or pre-marital things that lead to s*x. We all know that rape in any form, either pre-marital or not, is wrong. How can we say that something of mutual understanding is wrong. Pre-marital s*x has advantages and disadvantages. Let's explore further the advantages and disadvantages of pre-marital s*x along side the advantages and disadvantages of marital s*x. All the best.Thanks Assumi for starting a important issue.carry one dears...

Rekha..... ( Practicing lawyer(B.Com LL.M in Business law ))     06 February 2010

I was waiting to know the comment from Respected Shree sir, thnks sir……now I m waiting the comments from Respected Rajan Salvi and Respected K.C. Suresh, Respected Palnitker……where r they. We r missing their guidance here.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     06 February 2010

mr shree, what is your arguement?

on what subject you are urgueing? pre marital s*x or rape?

here the raised question is when a female can complain under IPC.sec 376, why not male on similar circumstances?

sorry no answer found in your posting.

Anil Agrawal (Retired)     06 February 2010

How many in Parliament WITHOUT CRIMINAL BACKGROUND? And you expect them to do good to us?

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     06 February 2010

anil sir, i am not expecting but, comple to expect such; otherwise our (including you also) existance will be in danger.

Rohtash Babu Patel (Lawyer)     06 February 2010

It might be a judgment on a particular set of facts , but could not have the general application, i could not comment elobrately becuase i have not read entire judgment

Anil Agrawal (Retired)     07 February 2010

 Know the practical side. Bills are guillotined in 5 minutes without anybody knowing what they contain. This is our democracy and the courts are trying to judge the "intention" of the legislature? What a joke?

G. ARAVINTHAN (Legal Consultant / Solicitor)     07 February 2010

 Assumi sir.

Do you think women plan for gang rape of a boy? .Then why you saying all laws are hostile against masculine gender

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     07 February 2010

mr anil you are very right in this issue.

"Bills are guillotined in 5 minutes without anybody knowing what they contain. This is our democracy and the courts are trying to judge the "intention" of the legislature? What a joke?"

Actually, whatever this mp's and mla's do at parliament and ligislature is that - they use our concent, our faiith over them. if it is misused, we can not escaped from - our duties.

i observed some members do not like to express the anti establishment views. it will be better if we can shift this type of discussions in another forum, where political discussions are going on & wellcome.

if you or any other member know any other sites where political discussions going on may please post site address.