Voting Rights Abolition: Brazen Politics of Sexual Assault

March 2, 2018

While I go through the daily grind of life one news article caught my attention. A committee on Women and Child Safety in the state of Karnataka headed by a minster who is an advocate by education is proposing a slew of new laws concerning crimes against women. These include suspension of voting rights during trial and abolition of voting rights of persons convicted in rape and sexual assault cases against women and children and keeping in abeyance all government facilities/benefits during trial and abolition of availing such facilities/benefits under various schemes to convicted persons.

Just below the article I read comments from mostly men praising this so called bold move. The first thought that comes to my mind is the old adage of people who live in glass houses throwing stones at other houses. The reason this thought comes to mind will be clear as this article progresses. As this news spread through Men’s Rights Activist circles the first question that was asked was 'When is the next cycle of elections?'

An interesting mention in the report compiled by the committee was a finding that the present conviction rate in the state was just 4-5% against the national average of 2.8%. This should come as no surprise, as after the draconian 2013 amendment in sexual assault and rape laws the number of such cases rose up exponentially. The rise in these cases contained a rising number of malicious, false and vexatious complaints. This fact is supported by the Delhi Commission of Women (DCW) revealing shocking statistics showing that 53.2% of the rape cases filed between April 2013 and July 2014 in Delhi were found to be 'false'. Similar data from Mumbai, Delhi, Haryana and major metros also state that since 2013 upto 75% rape and sexual assault cases were found to be false.

To drive the point home numerous examples of organized gangs (in some cases consisting of police personnel and lawyers) using rape and sexual assault to blackmail and extort people can be cited such as when in early 2018 the Haryana police in a span of four days busted five gangs who after laying a honey trap lodged false rape cases against men to extort money from them. As many as 15 people, including a couple and a brother-sister duo, were arrested from five districts in this connection. These incidents compelled senior police officials in Haryana to issue instructions identifying women lodging false cases so they can be booked under the provisions of the Indian Penal Code for framing innocent men, wasting police’s time and bringing disrepute to the state. Being falsely accused of a sexual assault case myself and being painfully aware of numbers of men falsely accused of such crimes reality is never distant.

All these evils arise from a loosely drafted, unambiguous and misandrist set of laws that throughst the burden of proof of innocence on men while considering the mere verbal allegation of a women as gospel truth uptil the process of a court trial. Thus any woman out of monetary interests or with vendetta in her mind can in a matter of hours change the status of a common man from being innocent to sexual assault/rape accused regardless of degree of falsity in her claims. Added to this is the apathy of the police in following the laid down laws concerning arrest in such cases.

In Vinod Solanki vs Union of India, the Supreme Court held that "It is now a well settled principle that presumption of innocence as contained in Article 14(2) of the International Covenant on Civil and Political Rights is a human right although per se it may not be treated to be a fundamental right within the meaning of Article 21 of the Constitution of India." In fact the presumption of innocence is a well-established legal maxim in criminal jurisprudence all over the world with its origins going back to the 12th century. This presumption of innocence must therefore be considered a moral imperative and a cornerstone for action in any civilized society, since guilt cannot be assumed until a fair trial ends in conviction. Article 326 of Indian Constitution mandates Universal Adult Suffrage, that is, any citizen above 18 has the right to vote, but any person whether under a sentence of imprisonment or is in the lawful custody of the police is barred from voting due to Clause 62(b) of Representation of People's Act, 1951. Thus it is evident from these facts that any person undergoing trial but not imprisoned has an absolute right to cast their vote. In light of the above facts it is all but evident that the proposals of the committee if implemented will be a gross violation of human rights and unconstitutional at its very premise.

The Panel proposes compensation for the victim (woman/child making the compliant). This compensation is proposed to be taken from the pockets of the accused and in the event that the accused fails to pay compensation to the victim, the panel recommends handing over of the property of the accused to the victim. This is not only an absurdly perverse proposal but is equally alarming in great measure as it will encourage unscrupulous elements in society to target male victims financially and will throw wide open the doors of abuse of this provision. These provisions include transgenders and it is no secret that organized groups of transgenders in trains, eateries etc publically harass people for money.

Apparently to provide solace to potential victims and to prevent societal outrage the committee recommends recovery of compensation amount along with rate of interest in the event that the courts of law declare the case to be false/malicious prosecution. Any person who has faced the rigors of a trial based on a false case instituted by a woman will testify that the courts of law hesitate to acquit the accused on the premise that the case was filed with false/malicious intentions unless there is exemplary proof to that effect. The textbook acquittal is usually on the grounds that the prosecution failed to prove their case beyond reasonable doubt in which case the complainant need not pay the money back to the accused. Considering that the accused does in fact manage to get an acquittal on grounds of false/malicious prosecution how does he go about getting the compensation paid back? It is common knowledge that trials in the Indian courts stretch for years at end. It is quite possible that by the time a person is acquitted the complainant has spent the compensation amount or has altogether done a disappearing act. Even if they don’t, the law severely limits avenues through which monetary sums can be recovered from a woman, that is, a woman cannot be sent to prison for recovery of amounts she owes nor can the property be taken from her poessesion which she claims to be 'stree-dhan' or of household need.

Coming back to my thoughts on people who live in glass houses throwing stones at other houses. These very same men who praise such senseless moves of the government with gusto such as when they collectively demanded that the government pass stringent laws on sexual assault/rape post Nirbhaya are now increasingly falling victim to the draconian laws they helped bring in. It is also no surprise that this committee which was formed in 2014 kept giving random excuses for the delays in tabling the report and has now tabled the report just a few months shy of the upcoming election season. This whole charade is a continuing global phenomenon of politicians from party’s sundry passing lopsided laws with a narrow motive of pandering to the increasing women vote bank. They do not at any point of time pause to reflect on the societal consequences of their self-serving actions which includes more than 90,000 Indian men committing suicide per year, broken families, distraught mothers and sisters of the innocent accused to mention a few. The only solution to prevent a widespread victimization and exploitation of innocent men is to start calling out these farcical governmental policies and to demand equality and equity in its truest sense for all genders from the polity lest the politicians get away with brazenly politicizing the heinous crime of sexual assault/rape to win political races.

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By Johan Sequeira
Johan Sequeira is an engineer by vocation and a Men’s Rights Activist by avocation. He can be reached at
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Comment on this article

  • HK, Bangalore

    Mon, Mar 05 2018

    Very well written article! Keep debunking feminists hypothesis. Feminists are here to destroy the strongest pillar of Indian history, "the family system of India".

    Should include the details of the proposed amendments by the women and child safety department of state.

  • Imran, Delhi

    Sun, Mar 04 2018

    An awesome presentation of facts by true and honest MRA

  • Anindya Chatterjee, Chicago

    Sat, Mar 03 2018

    In one word, India is going down the drain and the reason for that can solely be equated to the brazen rise of the foreign funded feminism in a third world country like India. Why ??....since India is the perfect crucible for such social experiments....enough gullible and poor junta where value of humans and specially men have zero value.
    God bless India which is in path of destruction of family values...unless we stand against this fake feminism India's future is gloomy.
    Thanks to the author for bringing out the truth.

  • Vijesh, Pune

    Sat, Mar 03 2018

    Well written article . The perception of " guilty until proved innocent " should change to " Innocent until proved guilty " . And most of these men who seem eager to jump in and blame every body accused dont learn until dey become accused demselves

  • krishna, Pune

    Sat, Mar 03 2018

    The author has raised very relevant points we cannot live with a colonial mindset and always assume that all women are abla naris and men are only perpetrators. Let the minister first say that he will bring gender neutral law in his state regarding maintenance and rape crime and then draft such ill thought bill. Laws drafted in hasty and only to attract a vote bank will serve no purpose and will only lead to misuse, exploitation and extortion.

  • Stephen rodrigues, Udupi

    Sat, Mar 03 2018

    Very good article Johan. Now a days laws are rewritten turned and twisted. Empowerment of women is misunderstood and mostly misused. Men need to turn the whole world upside down to be heard. Good going, we will all need your updates on such complex issue. Keep us updating keep up the good work. All the best.

  • Beowulf, Mangalore

    Sat, Mar 03 2018

    If men want to stay away from being falsely accused of rape should stay away from women. Why interact with women at all?

  • Tejsing Gaikwad, Mumbai

    Sat, Mar 03 2018

    Very well intended and fact based article...

    These NCW and SCW and MWCD had ensured that they push their Feminists Agenda under the garb of Women Empowerment which they themselves or the person coined that term herself/himself don't know. Yes, but none can deny that this slogan does raises one's Political Empowerment.

    Who the hell these women are for whom the political class is worried? Brutally None and nothing more than a Voting Class. Hence this Politics of Vote Bank.

    When a lawyer turned minister makes such a statement, her/his degree of law must be snatched away that He Forgets his Duty as a Lawyer and as a Minister that He Has Die if necessary Upholding The Rights of the Accused and to Seek Nothing but the Truth.

    The malafide intentions, Misinterpretation and misuse and now a days Abuse of Article 15(3) of the Constitution of India has taken a precedence over and above Article 14 of the Constitution. It makes even Article 21 to bow down before 15(3). What the heck of it? The unlearned and miseducated Politicians, the wasted interest pseudo feminists and the slave Government employees...all hand in gloves.

    Government must restrict itself to Government Administrative Schemes using 15(3) of COI to do all welfare of women and children. And Government should Strictly Keep Itself Away from framing any law even touching/using 15(3) of COI.

    Jai Hind.

  • Shashikant Yankanchi, Singapore / Karnataka

    Sat, Mar 03 2018

    Women Empowering is just Dekhawa. People can go down to earth badge Voting. They don't have shame, fear of society and people. In the End Shelfish rules.

  • Vivek Ghai (Dilligaf), Hyderabad

    Sat, Mar 03 2018

    This is very well written Johan.. Its need of the hour that we make law gender neutral... Soon men will stop getting married in India. ..Men are going to stop voting if things don't change soon.

  • Nitesh, Kota

    Sat, Mar 03 2018

    Very logical article which clearly explaining how feminism is ruining the socity and how some of the political leaders just because of vote bank taking decisions which are totally biased.
    India too have lot if biased laws and due to that there are lot of cases which leads to harassment and extortion of innocent.

  • Vivek, Delhi

    Sat, Mar 03 2018

    Voting rights of women's filing baseless cases shall also be abolished .

  • S G, Bangalore

    Sat, Mar 03 2018

    If in equality we believe, then laws must be equal for all genders. However, understanding that women safety is a sensitive matter, some weightage could be given to women if Fir was filed immediately or within few days but only for instant investigation purpose.
    I trust our government is well aware of the rising no. of false cases against men, and would amend the laws in order to protect the dignity and respect of men in false accusations. This could be easily done by identifying the loopholes in current laws and making much needed corrections at the earliest.
    Remember, a nation is only as great as its people. If due to gender biased laws we keep falsely accusing the other gender for gaining some unfair advantage or settling egos then where is our nation heading to?

  • Priyank kedia, Nagpur

    Sat, Mar 03 2018

    these lawyers have made life hell for common public. These r the people who make absurd laws, play with words and are pioneer in making justice rational & difficult. A profession which has no controlling authority.
    All gangs who extort money on basis of false rape etc, exposed by police, have the ring master's as lawyers.
    BY INTRODUCING these provisions they r making it sure that the man pays immediately without fighting and that too a higher cut as his property will be at stake. Why isn't there a provision for those who filed false cases??
    A well written article by an awsum fighter.

  • Vivek Rajput, GHAZIABAD

    Sat, Mar 03 2018

    Thats completely against the law, how can you punish somebody without knowing if he is guilty. Loved the way you expressed everything here. Thanks brother

  • Gauravjit Singh, Delhi

    Fri, Mar 02 2018

    Thoroughly researched and well put article, Johan.

    One more point I would like to add, the same politicians will not leave their office incase an allegation is put on them. There they say it is all false and let the court decide it. Why don't they pass a law where a person is barred from contesting a election when alleged of any wrongdoings. Hypocrites of first order.

  • Kevin, Mangalore

    Fri, Mar 02 2018

    India needs a justice system that is effective and fair. Until that is achieved, all the laws that are passed will be for show.

  • Amith, UAE

    Fri, Mar 02 2018

    Very good article Johan. . The karnataka Govt is getting worse day by day putting in these rediculous implications.. Hope they read this article and get it through their thick skull that women are just using these laws for their own benifit.. The innocent r being punished not nothing, this is the real cruelty of indian law.

  • Ashish Verma, Roorkee

    Fri, Mar 02 2018

    Very nice Johan Brother.. There gender based laws are truly harassing indian men and families.. If we can have a look the life before these laws, very low divorce rate was there or we can say almost NIL.. but after these gender based laws families are broking down on a large scale.. womens are fulfilling there unlawful demands just by blackmailing Men because of these gender based laws..
    Men should be united, we all should need to work for the welfare of Men..

  • Eric, Mangalore

    Fri, Mar 02 2018

    Is there a pre-trial session whereby both parties are informed about the gravity of the proceedings and if any party found guilty or a false case/revenge has been filed. Both parties have to sign a bond and severe punishment for false case with hefty monetary and long jail term.

  • Vincent, Dubai

    Fri, Mar 02 2018

    Good Article Johan.. Keep it up. Gender baised laws in india, really haressing innocent men.

  • justin c, Bangalore

    Fri, Mar 02 2018

    Excellent and thorough article listing the pitfalls in votebank pandering and the havoc it is wreaking on society at large

  • JK, southkanara

    Fri, Mar 02 2018

    Some ministers and politicians make laws as per their Govt/Personal requirements I believe. It does not aim at educating the public why such laws are formed. So we could see many lawyers who contest even for a murderer/terrorist/rapist/corrupt and anti national. Here baning right to vote for a rapist does not hold any point. Because his one vote does not make any difference for politicians. There is a doubt that whether he really caste his vote or not. Instead, give proper education at elementary level to be a good citizen. Give him opportunity to get a descent job to live etc. More over when the very first crime is commited by him punish him and withdraw most of the facilities he and his family gets from Govt. with immediate effect . This might help to bring down such crimes by anybody...

  • Jossey Saldanha, Mumbai

    Fri, Mar 02 2018

    What happened to Women Empowerment ...

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