Indian laws are sexist

[airpower183]

After reading I discovered this is an actual offense in India.

Magazine editor in India charged in rape of colleague | NDTV.com


Section 354 in The Indian Penal Code, 1860

Section 354 in The Indian Penal Code, 1860
354. Assault or criminal force to woman with intent to outrage her modesty.-- Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

What do you guys think of these laws openly promoting and endorsing gender inequality.

 

[ladder]

After reading I discovered this is an actual offense in India.

Magazine editor in India charged in rape of colleague | NDTV.com


Section 354 in The Indian Penal Code, 1860

Section 354 in The Indian Penal Code, 1860
354. Assault or criminal force to woman with intent to outrage her modesty.-- Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

What do you guys think of these laws openly promoting and endorsing gender inequality.

Yes, yes you are absolutely right, Indian Laws are sexist. They are very sexist and gender discriminatory.

 

[A chauhan]

Lol have you been charged under that section ?

 

[airpower183]

Yes, yes you are absolutely right, Indian Laws are sexist. They are very sexist and gender discriminatory.

Out of curiosity i started reading through the Indian penal code. And my god I'm shocked to discover how arbitrary it is.

Imagine if American police prosecutors were put in charge of Indian laws, almost every person would be charged before the court with some offense or on some technicality. They would have a field day. Over 1 Billion people waiting court hearing on some violation of the penal code :shocked:

For US police there's no such thing as 'important' laws or 'lesser' important laws. They enforce every law, every T and C with as much importance as any other law.

 

[airpower183]

Lol have you been charged under that section ?

On serious note.

I don't think this law is 'enforced' as much (correct me if i'm wrong). I think the above person was simply charged with the offense on a technicality.

I think the main problem is the rule of law in india. They leave it up to the police to judge what contemporary standards are and decide what laws to enforce and what not to.

One big reason why the rule of law is being constrained is bullshit laws like the above one. Obviously if the police wanted to be an ass and start enforcing every law like any other law, there would be mass riots.

To prevent that the police become selective in what laws are important.

 

[A chauhan]

On serious note.

I don't think this law is 'enforced' as much (correct me if i'm wrong). I think the above person was simply charged with the offense on a technicality.

I think the main problem is the rule of law in india. They leave it up to the police to judge what contemporary standards are and decide what laws to enforce and what not to.

One big reason why the rule of law is being constrained is bullshit laws like the above one. Obviously if the police wanted to be an ass and start enforcing every law like any other law, there would be mass riots.

To prevent that the police become selective in what laws are important.

I don't think so, there were many evidences against him, actually he sent an e-mail to apologize to the victim seeking pardon for his crime which caused him the trial. Please don't see the matter being selective, police follow the same procedure for all the crimes, except otherwise mentioned in the law. To say in short he came, he saw the woman, he commited the crime, now he is being prosecuted.

 

[sayareakd]

After reading I discovered this is an actual offense in India.

Magazine editor in India charged in rape of colleague | NDTV.com



Section 354 in The Indian Penal Code, 1860

Section 354 in The Indian Penal Code, 1860
354. Assault or criminal force to woman with intent to outrage her modesty.-- Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

What do you guys think of these laws openly promoting and endorsing gender inequality.

you should read law on adultery.........................

 

[RajeevKr]

you should read law on adultery.........................

Add to it Domestic Violence Laws and Marriage Laws Amendment Bill,2013.

 

[sayareakd]

Add to it Domestic Violence Laws and Marriage Laws Amendment Bill,2013.

Rajeev, difference between this and adultery is that in the above care ladies are more of victim, but in adultery they are equal partner in crime, still they are let off by law...............

 

[RajeevKr]

You are absolutely right in your premise, just one thing to add. In adultery cases, the stand taken by SC is also based on the premise that woman is a victim in case of adultery and a man is always the perpetrator of crime. So, how one defines a victim is under question here, in my opinion all the laws should be gender neutral until there is serious reason not to do it.

 

[airpower183]

You are absolutely right in your premise, just one thing to add. In adultery cases, the stand taken by SC is also based on the premise that woman is a victim in case of adultery and a man is always the perpetrator of crime. So, how one defines a victim is under question here, in my opinion all the laws should be gender neutral until there is serious reason not to do it.

These laws shouldn't exist in the first place.

LOL "outrage her modesty"

 

[airpower183]

I don't think so, there were many evidences against him, actually he sent an e-mail to apologize to the victim seeking pardon for his crime which caused him the trial. Please don't see the matter being selective, police follow the same procedure for all the crimes, except otherwise mentioned in the law. To say in short he came, he saw the woman, he commited the crime, now he is being prosecuted.

Indian rape laws seem to work on the basis of she was raped unless proven otherwise.

The women simply making an accusation is sufficient to for the man to go to jail.

In proper legal system, the women testimony is taken with a heavy dose of salt. Because in the interest of the law, she is a hostile witness because she wants to see him in jail. There is conflict of interest between her and the interest of the law.

Further I dont think there has ever been a case of a women charged with rape on man. These rape laws seem to be solely there to protect women.

You cannot deny that rape on men by women doesn't occur in India. When there are plenty of rape charges being laid on women in western countries.

 

[The Messiah]

You should check out sec 509 ipc in that you dont even need to assault her!

509. Word, gesture or act intended to insult the modesty of a woman.-- Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

 

[The Messiah]

Rajeev, difference between this and adultery is that in the above care ladies are more of victim, but in adultery they are equal partner in crime, still they are let off by law...............

there was a landmark case on this also...ive forgotten its name.

 

[The Messiah]

Indian rape laws seem to work on the basis of she was raped unless proven otherwise.

The women simply making an accusation is sufficient to for the man to go to jail.

In proper legal system, the women testimony is taken with a heavy dose of salt. Because in the interest of the law, she is a hostile witness because she wants to see him in jail. There is conflict of interest between her and the interest of the law.

Further I dont think there has ever been a case of a women charged with rape on man. These rape laws seem to be solely there to protect women.

You cannot deny that rape on men by women doesn't occur in India. When there are plenty of rape charges being laid on women in western countries.

rape section can only be applied when a female is raped, the law simply doesn't recognize that a male can be raped.

 

[airpower183]

You should check out sec 509 ipc in that you dont even need to assault her!

Does anybody know if pakistan is the same?

 

[chase]

Although i don't question the content of this thread but i surely question the intent of the OP in opening this thread. This guy is a known troll/anti-India baiter in that popular paki forum.

 

[airpower183]

You should check out sec 509 ipc in that you dont even need to assault her!

Check this out Section 506 in The Indian Penal Code, 1860

impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

You can be sent to jail for 7 years for taking the virginity of a girl.

 

[sayareakd]

Does anybody know if pakistan is the same?

IPC

Central Government Act
Section 509 in The Indian Penal Code, 1860
509. Word, gesture or act intended to insult the modesty of a woman.-- Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Section 509 in The Indian Penal Code, 1860

PPC

Section 509 of PPC(Pakistan Penal Code)-Dafa 509-Word, gesture or act intended to insult the modesty of a woman:

Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both

Section 509 of PPC(Pakistan Penal Code)-Dafa 509-Word, gesture or act intended to insult the modesty of a woman

 

[Known_Unknown]

After reading I discovered this is an actual offense in India.

Magazine editor in India charged in rape of colleague | NDTV.com


Section 354 in The Indian Penal Code, 1860

Section 354 in The Indian Penal Code, 1860
354. Assault or criminal force to woman with intent to outrage her modesty.-- Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

What do you guys think of these laws openly promoting and endorsing gender inequality.

It is absolutely sexist. But as your link mentions, it was drafted in 1860 by the British, so what else do you expect?

Fun fact: Over 80% of the laws currently on the books in India were not drafted by Indians, but by the British pre-independence. The administrative system is more or less the same as well, as are the law enforcement and justice systems.