REASONS FOR RISE OF INDIA'S #MEN TOO MOVEMENT
CASE OF KARAN OBEROI
Karan Oberoi, a 40-year-old television personality (he is part of a boy band as well), known for his performance in Jassi Jaissi Koi Nahin (2003) and , Amazon Video’s Inside Edge 2017 was arrested for rape and blackmail by a woman who alleged that Oberoi raped her in 2017 after falsely promising marriage.
Oberoi vehemently denied as according to him, he never promised marriage. The woman also accused him of filming the act and extorting her on the basis of the video. beroi was arrested and sexual harassment being a non-bailable offence, he was imprisoned of a fortnight, before he was granted bail.
This took an interesting turn when the woman in question registered another FIR against Karan Oberoi in which she stated to have been attacked by two men of a bike who threatened to throw acid on her if she does not take back the case. During the course of investigations it was revealed that the attack had been staged, committed by the relatives of the woman’s lawyers, with the woman’s consent.
After the Nirbhaya case in 2013, the criminal laws in the country were amended to include stalking and harassment as criminal offences, alongside sexual harassment. For this purpose, Sec 354D was added in the IPC which criminalizes the act of contacting or attempting to contact a woman after clear indications of disinterest. However, the language of the section is such that only a woman can register an FIR in such a case. There is no provision enabling a man to register a criminal complaint against a woman or any other gender, for stalking or harassing him. Same is the case with sexual harassment against men, which has become an increasing problem
DRACONIAN Sexual Harassment LAW
According to the Indian law, if sexual relations with a woman are establishes after the promise of marriage, such consent ceases to be valid if the promise of a marriage isn’t fulfilled. The allegation against Karan Oberoi is also on the same line. In 2016, according to the National Crime Records Bureau, a total of 38,947 rape cases were reported in India in 10,068 cases the women claimed it was rape on the false promise of marriage.This definitely makes the situation very dicey as in today’s times; pre-marital sex isn’t uncommon at all and in fact is the norm. In these cases, differences often arise between the partners and after they consciously uncouple, women often use the law for personal gains.
By initiating proceedings for sexual harassment, the women have nothing to lose if it turns out to be false. The women will walk free and their repute will also be protected, courtesy of Sec 228A of the IPC. This is why; false cases of rape are on a rampant rise. According to a report by theDelhi Commission for Women published in 2014, 53% of the rapes reported in Delhi are false. This is extremely disheartening. Till the time the men are able to prove their innocence, the damage has already been done with the tag “rape accused” attached to them for life. No reputed organization wants to hire a person accused of rape and no woman wants to marry someone like that. What is worse, the men accused of rape are treated as “guilty until proven innocent”, which is completely contrary to the Indian jurisprudence. Months, even years are spent in them trying to prove their innocence. Most of the times, it is the parents of the girl who falsely accuse the men of rape. Patriarchal mindset causes them to purport their daughter to be a rape victim rather than a woman voluntarily indulging in sexual activities.