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Rape vs. Sex and Crime vs. Mistake
MRA Rukma Chary | 14 Apr 2014

It's election 2014 in India. Media and TV channels are working day and night with no rest to cover each and every event, speeches by political parties and all incidents associated with elections

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Much more than the candidates, journalists and news anchors are so busy that they left their brains and wisdom in the restrooms. Predominantly media practices yellow journalism. However, this time they showed their desperation to attack Samajwadi Party's Netaji and their leaders for their remarks pertaining to RAPE to such an extent that I felt it is supermarket tabloid or red top journalism.

The definition of Rape as per Indian Penal code also includes that the mistake of having sex by boys in a live-in relationship, is also a RAPE and should be punished with death sentence. It is important to note that as per NCRB Statistics 75% of rape cases are false and NCRB statistics also reveal the proximity of the rapist with accusers. It has been recorded that 90% of the cases the accused was known to accusers.


On last Thursday, Samajwadi Party chief Mulayam Singh Yadav opposed capital punishment for rape, saying “ladke, ladke hain… galti ho jati hai (boys will be boys… they commit mistakes). And further said that If SP forms government, they will amend the law of giving death sentence to rape accused.


Media twisted the above statements of Netaji, to destroy the truth before it exposes the gender biased society. A very clever game played by the TV anchors to spike their respective Channels TRPs.


To understand the depth of Netaji's statement let me take you to basics of vocabulary. Rape is termed as crime when it is done with or without consent, forcefully and inducing the girl to have sex.


Netaji never said that boys are boys and they do rape. But he said that boys do mistake of having sex with the girl before marriage. Any prudent man or women would agree that sex by mistake is not a rape, and they should not be hanged for such mistakes.


This is what Netaji's statements convey very strong opposition to such meaningless penal provision. But sensationalism obsessed Media, side stepped the real issue and cherry picking “shocking” taglines instead of debating death penalty to such mistakes committed out of love and affection. Only because the relationship didn't work and treating a mistake of having sex by boys as greater crime than any other and subjecting them to such harsh punishment is absurd in the highest order. Even a terrorist who rapes integrity of a nation is given a chance to live by delaying the death sentence.


If such a stringent punishment is warranted for boys for such mistakes, then the statement followed by Abu Azmi which says “Women having premarital sex should be hanged” shall be welcomed by all those who criticize the SP leaders. If they don't accept death sentence for such women, then they don't have any intellectual, moral authority to criticize who question the Rape laws.


Having consensual Sex is not a Rape and Mistake of Sex should not be a crime at all.