Well put Swati,
Consent is absolutely important and many of us missed this point in the
article.
We may not know exact facts, so we need to restraint ourselves from such
discussions. It is court to decide whether consent was there or not. How
come we have just jumped on conclusion that court has been unnecessarily
biased against men?
-----Original Message-----
From: Ai [mailto:ai-boun...@accessindia.inclusivehabitat.in] On Behalf Of
swati saxena via Ai
Sent: Wednesday, July 26, 2017 5:20 PM
To: Share, empower &Enrich <ai@accessindia.inclusivehabitat.in>
Cc: swati saxena <swatisaxena...@gmail.com>
Subject: Re: [Ai] Abhishek Behl reported in Hindustan Times yesterday:
Gurgaon: Blind banker gets 10-year jail for raping blind woman
HI All,
Directly quoting from the article below lines.
"On the pretext of meeting an advocate, Kapoor had taken the victim on
May 30, 2015, to a guest house in Gurgaon and raped her there for the
first time. He later continued to abuse her, promising marriage."
It clearly states that the victim was raped by the convict first time
on pretext of meeting an advocate. How can it be justified as having
sexual relationship with the consent of the women? The lines further
states that later he abused her promising marriage. The words "
pretext of meeting an advocate" and "abuse" are enough evidences to
impose rigorous" punishment on the convict.
Subsequent sexual relationship could be on consent basis (facts in the
article insufficient to conclude the consent part), however this does
not in any case justify his act of raping the women for the first time
in the guest house. The interpretation by members that at the first
instance also it was on consent is wrong. I believe no matter whatever
happened after that, this punishment is highly justified for what he
did in the guest house. Future innocence (though no proof of that in
the article) in any case, cannot justify the heinous crime in the
first instance.
Comments like “men have to suffer in India because of these gender
biased laws” and “this would further de-motivate men to have sexual
relationship with women even with their consent”are highly
unfortunate. These statements try to show that men are highly
vulnerable in the hands of women because of these laws which is not
the case going by the rape statistics and innumerable crime against
women in India. As such comments are coming from members I am forced
to write that because of such grievous acts by men, females have to
live in India under a highly controlled environment which acts as a
roadblock for them in various scenarios during their whole life cycle.
Cheers
Swati Saxena
On 7/26/17, vivek doddamani via Ai <ai@accessindia.inclusivehabitat.in>
wrote:
I agree with Prateek in sighted persons such cases occur but we have
never heard such a harsh punishment of 10 years, & in this case the
sexual relation had been between two person consent here we should use
the word cheating instead of rape,
On 7/26/17, prateek aggarwal via Ai <ai@accessindia.inclusivehabitat.in>
wrote:
The widow went in a guest house with the boy to have sexual
relationship by her will and continued going on repeated basis. How
can this be even called rape is the question.
@Avinash, I agree that the silver lining is that women knocked the
door of court and found a favorable judgement, but I believe that this
can further de-motivate men to have sexual relationship with women,
even if the women are consenting to do so.
Who would want to get into troubles like this, even after having done
sex with consent of the woman afterall.
The judgement would strengthen the opinion that blind women are not
quite sexual being, which is already a prevalent belief in the
society.
This is truly illogical and one-sided in my opinion.
Unfortunate.
Regards,
Prateek agarwal.
On 7/26/17, avinash shahi via Ai <ai@accessindia.inclusivehabitat.in>
wrote:
The surviver in the under discussion order is a widow; this fact and
her precarious circumstance may have led the judge to pronounce such a
harsh punishment. He however can approach the higher judiciary. As a
silver lining, There are very few blind women who knock the door of
the courts when their bodily integrity is violated. This particular
order should deter blind men in particular to not take blind women for
granted and for a ride.
On 7/26/17, Arjun Malhotra via Ai <ai@accessindia.inclusivehabitat.in>
wrote:
Wasn't there a Supreme Court Judgment recently on educated women and
promise of marriage. Why not apply that yardstick in this case as
well.
On 7/26/17, Rahul Kelapure via Ai
<ai@accessindia.inclusivehabitat.in>
wrote:
Agree with Prateek. Here I also see a strainge attitude of the Judge
to justify high punishment to the convict as the girl is blind and
he
took advantage of her helplessness as she was blind.
While techniclly it could be rape but how many would Court award 10
years riggerous jail for this kind of matter in so called normal
cases?
I think, Judge has gone overboard while pronouncing the sentence.
This is like two extreme sides of attitude for disabled where on one
hand they will have extremely symphethy or they will have abselute
indiference or hatred for disabled.
If She was so clear that, she would want to have sex only after
marage
then first marry and then do whatever. There are many matters where
everything is consensual but when things do not go as per the
expectation, slap with rape charges.
Strainge.
I am sure, this will not stand the scrutiny in the higher court. I
don't know how well the defence fought the matter.
On 7/26/17, prateek aggarwal via Ai
<ai@accessindia.inclusivehabitat.in>
wrote:
While questioning court's decision is a crime itself in india,
isn't
this unfair to punish man while the repeated sexual relationships
were
established in mutual consensus of both the partners?
As both of them had sex multiple times since 2015, how can this be
even called rape on the first place?
Yes the news suggests that the man has promised marriage and on
that pretext this sexual relationship was established, but things
may
happen in the course of 2 years that may force a person to not
marry
other. That does not definitely take the fact away that the sex
happened with the consent of girl.
Promises like these are not documented here in india.
Personally, I feel that the laws are sometimes being miss used by
females, like it has been in this context. This is unfortunate.
Regards,
Prateek agarwal.
On 7/26/17, Ajay Minocha via Ai
<ai@accessindia.inclusivehabitat.in>
wrote:
A very welcome judgement!
On 7/26/17, avinash shahi via Ai
<ai@accessindia.inclusivehabitat.in>
wrote:
http://www.hindustantimes.com/gurgaon/gurgaon-blind-banker-gets-10-year-jail-for-raping-blind-woman/story-xQAJGpWmso2ioCesDHV2UM.html
A Gurgaon district court on Monday awarded 10 years rigorous
imprisonment to a blind man, a trainee probationary officer at a
public sector bank, who was found guilty of raping a 33-year-old
blind
widow repeatedly on the pretext of marriage.
The court also imposed a penalty on convict Saurabh Kapoor, 35,
who
was convicted of rape under Section 376 of the IPC.
Additional Sessions Judge Rajni Yadav, while pronouncing the
quantum
of sentence, said that given the inhumanity of the act, it was
required to impose upon the convict substantive and stern
sentence
that would commensurate with the gravity of the offence and also
serve
as an example to others.
It is to be noted that since both the victim and the accused were
blind, the court had relied upon ‘voice identification’ that
helped
the woman to identify Kapoor, a resident of Mayur Vihar in Delhi.
On the pretext of meeting an advocate, Kapoor had taken the
victim
on
May 30, 2015, to a guest house in Gurgaon and raped her there for
the
first time. He later continued to abuse her, promising marriage.
The victim, who has an eight-year-old daughter, worked in a
private
company in 2015, when the incident happened. She is currently
unemployed.
Public prosecutor Arvind Sharma said that the convict tried to
seek
leniency from the court on account of his blindness.
“The accused also argued that he is a government servant and
highly
qualified, but all these arguments were rejected by the court,
which
awarded him 10 years of imprisonment,” said Sharma, adding that
the
court has imposed a penalty of Rs 10,000, out of which Rs 8,000
would
go to the victim. The remaining Rs 2000 would go to the state. If
the
accused fail to pay the fine, he will face one more year of
imprisonment.
The judge, in her order, also stated that undue sympathy to
impose
inadequate sentence to the accused would do more harm as it will
undermine the public confidence.
“Keeping in view the offence committed by the convict, I am not
inclined to take a lenient view against him and release him on
probation. He has raped a young woman who was helpless,
defenceless,
vulnerable and an easy prey who trusted the convict so much that
she
surrendered herself to him. He used, violated and exploited her
body,”
the court said.
District attorney Lal Singh Yadav said the court has given a
strong
message to the society. “The convict had sexually exploited the
victim
on the pretext of marriage,” he said.
--
Avinash Shahi
Doctoral student at Centre for Law and Governance JNU
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Thanks and Regards
Swati Saxena
MA in Human Resource Management & Labor Relations
Batch of 2012-2014
Tata Institute of Social Sciences
Mumbai, India
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