I have been under the impression that the Rape Testa conducted on the victims of sexual attack is very scientific and advanned.
To my shock this is how the ‘Rape Test’ is conducted in India.
Delhi Gang rape Victim
‘An international human rights group urged India last week to ban a “degrading and unscientific” test commonly performed on rapevictims to see if they have previous sexual experience.
In the test, a doctor inserts fingers into the victim during the forensicexamination to test for “vaginal laxity” and is expected to deliver a medical opinion as to whether she appears to be “habituated to sexual intercourse.” The group, Human Rights Watch, argued that the testconstituted a second assault on a traumatized woman”
What have the courts been doing, being blind to the tests conducted?
Shocking!
“The level of care – including counseling – provided to the New Delhi gang rape victim and her family, demonstrates that political will can ensure support and care for victims of sexual assault, Human Rights Watch said. But this only followed public outrage and demonstrations after the attack. Human Rights Watch research has found that survivors usually find it difficult to register police complaints, and often go from one hospital to another even for a medical examination, and often report suffering humiliation at police stations and hospitals.
India does not have a uniform protocol for medical treatment and examination of survivors of sexual assault, making responses ad hoc and unpredictable, and in the worst cases, degrading and counter-productive. This is reflected in the continued use of the so-called “finger test,” which Human Rights Watch documented in a 2010 report. While conducting medical examinations, many doctors record unscientific and degrading findings, which involve noting the “laxity” of the vagina or hymen, apparently to determine whether the victims are “virgins” or “habituated to sexual intercourse.” Often doctors, police, and judges look for evidence of “struggle” or “injuries,” especially hymenal injuries, in the medical examination report, discrediting those who do not report such injuries.”
Belgian researchers watched videos of women walking, and were able to tell whether they regularly had orgasms from intercourse.
At the Universiti Catholique de Louvain, Institut d’itudes de la famille et de la sexualiti, Louvain-la-Neuve, Belgium, they set about proving the theory right.
They took women with known histories of either vaginal orgasm or inability to orgasm from sex and videotaped them walking on the street, and their orgasmic status was judged by sexologists blind to their history.
‘In the sample of healthy young Belgian women, half of whom were vaginally orgasmic, history of vaginal orgasm that was triggered solely by penile-vaginal intercourse, was diagnosable at far better than chance.
The researchers think that, as well as having an effect on people’s mental health, orgasms can ‘loosen’ muscle groups.
They wrote: ‘Research has demonstrated the association between vaginal orgasm and better mental health. Some theories of psychotherapy assert a link between muscle blocks and disturbances of both character and sexual function. In Functional-Sexological therapy, one focus of treatment is amelioration of voluntary movement.
‘The present study examines the association of general everyday body movement with history of vaginal orgasm.’
The team said the objective was to determine if appropriately trained sexologists could infer women’s history of vaginal orgasm from observing only their gait.
Sex Statistics ,published by Live Science. does not really throw any thing anew.
But the information helps.
Ultimately it is the propagation of the Species that matters, our pleasures being a spin-off,may be intended as a tool .
I wonder whether the same amount of research has been done on Hunger!
Whether it’s penis size, papillomavirus risk, or profligate pregnancies, it’s good to know the numbers. Check out these stats to see if you are well within the sexual mean — or if you’re off the charts.
Are you infected?
At least 50 percent of sexually active men and women will have a genital HPV infectionat some point in their lives. HPV, or human papillomavirus, comes in both low- and high-risk forms; low-risk HPV can cause genital warts, and high-risk can cause cervical and other cancers. In 90 percent of cases, the body’s immune system will fight off the disease within two years.Source: Centers for Disease Control and Prevention.
Two-thirds of women who had their first baby between 2001 and 2003 worked during their pregnancy, and 80 percent of those women worked within one month or less of giving birth. Compare this to the period between 1961 and 1965, when 44 percent of women worked during their pregnancy (35 percent worked one month or less before delivering).
Source: U.S. Census
How many sex partners have you had?
What’s your number? According to a survey of adults aged 20 to 59, women have an average of four sex partnersduring their lifetime; men have an average of seven.Source: National Center for Health Statistics
Do you get fringe benefits?
Two-thirds of college students have been in a “friends with benefits\” relationship, citing the lack of commitment required as the main advantage to such an arrangement. More than half of those who had sex with a friend said they had engaged in all forms of sex; 22.7 percent said they had intercourse only, while 8 percent said they did everything but have intercourse.Source: Wayne State University and Michigan State University
Do you reach orgasm every time?
While 75 percent of men always reach orgasm during sex, only 29 percent of women report the same. In addition, most women are unable to climax through vaginal intercourse, instead needing clitoral stimulation.Source: National Health and Social Life Survey
Do you have a comfortable couch?
About one out of 10 married adults – 12 percent – say that they typically sleep alone.Source: National Sleep Foundation
When did you lose your virginity?
The average male loses his virginity at age 16.9; females average slightly older, at 17.4. And a new study shows that genetics may be a factor: inherited traits, such as impulsivity, can make a person more or less willing to have sex at an earlier age.Sources: Kinsey Institute; California State University
Relax, guys. No matter what those, ahem, movies might suggest, in the United States, the average erect penis is five to seven inches long, and four to six inches in circumference.Source: Kinsey Institute
Why do you do it?
Sure, there’s the obvious. But there’s also an argument for men’s biological drive to perpetuate their genes: An 18th-century Russian woman holds the world record for having birthed the most children: 69, which she had over the course of 27 pregnancies that included sixteen pairs of twins, seven sets of triplets, and four sets of quadruplets. But she’s outdone by the male record-holder for most kids, a Moroccan emperor who, according to the Guinness Book of World Records, sired “at least 342 daughters and 525 sons, and by 1721, he was reputed to have 700 male descendants.”Source: “Why Evolution Is True” (Viking, 2009), by Jerry Coyne
Common sense says that Adultery is at the minimal level is breach of trust.
If breach of trust is a cognizable offense(Raja and Kanimozhi of 2 G fame/notoriety have been booked under this as an after thought this involves tough prison sentence),it beats me as to how breach of trust in a marriage is not a cognizable offense.
Indian law discriminates men against women in this aspect.
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In India the offence of adultery is punishable under Section 497 of the Indian Penal Code (IPC), 1860. As it stands, this Section makes only men having sexual intercourse with the wives of other men without the consent of their husbands punishable and women cannot be punished even as abettors. The Report of the Malimath Committee on Criminal Justice Reforms and the 42nd Report of the Law Commission of India recommended redefining Section 497 to make women also punishable for adultery. The Central Government accordingly has sought the views of all the 30 states in the country regarding the implementation of the said recommendations. This paper attempts to establish the redundancy of Section 497 in the light of Personal and Matrimonial laws and changing social conditions subsequently making a case against amending and for completely deleting Section 497 from the IPC.
An Analysis of Section 497
Section 497 penalizes sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse does not amount to rape. That is, it draws a distinction between consent given by a married woman without her husband’s consent and a consent given by an unmarried woman. It does not penalize the sexual intercourse of a married man with an unmarried woman or a widow or even a married woman when her husband consents to it. In case the offence of adultery is committed, the husband cannot prosecute his unfaithful wife but can only prosecute her adulterer. However, since the offence of adultery can be committed by a man with a married woman only, the wife of the man having sexual intercourse with other unmarried women cannot prosecute either her husband or his adulteress. What is interesting here is that the section itself expressly states that the unfaithful wife cannot be punished even as an abettor to the crime. The offence of adultery therefore is an offence committed against the husband of the wife and not against the wife.
The Constitutionality of Section 497 was challenged before the Supreme Court under Article 14 on the grounds that it makes an arbitrary discrimination based on sex in the cases of Yusuf Aziz , Sowmithri Vishnu and V. Revathi .
In the case of Yusuf Aziz the Court ruled that the immunity granted to women from being prosecuted under section 497 was not discriminatory but valid under Article 15 (3) of the Constitution.
In the cases of Sowmithri and V.Revathi it was held that it is the policy of the law to not to punish women for adultery and policies could not be questioned. Secondly, that it was not contemplated for a husband and a wife to strike each other with weapon of criminal law. And that adultery therefore was an offence against the matrimonial home and not either against the wife or the husband.
It must be mentioned here that all of the above decisions of the Supreme Court had restricted their scope to the determination of Constitutional validity of Section 497 as it stands. They should not be taken as an authority over the question whether Section 497 is required at all.
Adultery cannot be committed without a woman’s consent. Yet, the section burdens man alone for the offence. Though the reasons for this may be justifiable, the woman here is always treated as a victim of the offence. Hence, this section does not contemplate a situation where the same married woman has sexual intercourse with more than one person other than her husband without her husband’s consent. It is highly implausible that even in such a situation the woman would always be the victim and not the person who provokes the offender for the crime. No doubt that the law, as it stands, is inadequate.
Why Women Are Not Punished for Adultery
The offence of Adultery did not punish women but still existed in the code because at the time the enforced law was enacted polygamy was deep rooted in the society and women shared the attention of their husbands with several other wives and extramarital relations. Women were treated as victims of the offence of adultery as they were often starved of love and affection from their husbands and could easily give in to any person who offered it or even offered to offer it. The provision was therefore made to restrict men from having sexual relations with the wives of other men and at the same time to restrict their extra marital relations to unmarried women alone.
Why the Supreme Court Has Erred Considering the limited question of Constitutional validity before it the object of Section 497, as stated above, was never brought before the Supreme Court. The decisions of the Court therefore have erred to the limited extent of holding adultery as an offence against the matrimonial home.
If adultery had been a matrimonial offence neither the husband would have had the freedom to indulge in extra-marital sexual relations with unmarried women nor the consent of the husband of the wife when she had sexual intercourse with other men would make any difference in its constitution. Adultery therefore is not an offence against the matrimonial home but against the husband himself. The way a person is not expected to enter on the property of the other without his consent, another man is not expected to have sexual intercourse with someone’s wife without his consent. It uses the same analogy that is used for the offence of trespass. There is no doubt then that this section treats a woman like a man’s chattel.
Changing Social Conditions
Polygamy in all religions except Muslims, who are legally allowed to have four wives, has ceased to exist and become illegal. Men now have only one wife who has no rivals for her husband’s love and affection. Today, not only a person having two wives can be prosecuted for bigamy but his second marriage is void ab-initio. Unlike the past when it was required to prove that the husband “lived in adultery” to obtain a divorce, even a single instance of sexual intercourse with anyone other than the spouse entitles the other spouse for divorce.”
Hope organisations like http://www.saveindianfamily.org/ , http://aimwa.in/,which fights for the cause of harassed husbands who suffer at the hands of wife and in laws take this issue and fight the issue out.
Social awareness is to be created for injustices meted out to men.
Another interesting part of the judgement confirmed the alimony.
It is sheer inhuman-the wife was divorced for adultery and she is being rewarded!
Any one who wants to make a quick buck may marry a person who earns Rs.One lakh/m ,commit adultery,get a divorce get a regular income for life.
If adventurous,repeat the process by getting married again.
Do people leave common sense at home?
NEW DELHI, 20 NOV: A husband cannot deny maintenance to his divorced wife on the ground that she was involved in an adulterous relationship, a Delhi court has said.
The verdict was passed by additional sessions judge Mr TR Naval, who said: “The findings that the divorcee wife has been living in adultery will not provide any benefit to him (husband)”.
The court rejected the plea of a Delhi-based policeman, who had challenged a magistrate’s order directing him to pay Rs 4,000 as monthly alimony to his wife on the ground that she was having an adulterous relationship.
The divorcee wife had moved the sessions court seeking enhancement of the alimony to Rs 15,000 per month saying her ex-husband was earning over Rs 50,000 per month and had no other liability.
The ASJ, however, disposed of the petitions saying the order passed by the magistrate was “fair” and “proper”.
“I am of the view that there is no infirmity, illegality or inaccuracy in the impugned order and there is no merit in the revisions (petition),” the court said.
The ASJ also observed that the magistrate, while deciding the alimony, had also kept in mind that the man had re-married and had the responsibility of his second wife and children.
The woman had filed a petition before a magistrate seeking alimony alleging that she had got married in February 2004 and although her parents had given dowry at that time, her husband and in-laws used to taunt her for not bringing a car.
She had alleged that as her husband was serving in police, he used to threaten her and her family members. She had also claimed that she was brutally beaten up by him and her mother-in-law.
The Bill also seeks to introduce a gradation in the age of consensual non-penetrative sex (12-14 years and 14-16 years) against the existing age of consent for sex which is 16 years. It proposes that in case of the age group 12-14, the maximum age gap between partners should be two years. For the 14-16 group, the maximum gap should be three years.
The age of consent in the US is between 16 and 18 years, depending on the state they live in; in the UK it is 16. Spain has one of the lowest ages of consent, at 13 years.
When the nation is rocked by scams of the magnitude 0f 1,76.00o lakh crores in 2G scam,Ex PM Rajiv Gandhi is reported to have stashed away 2.5 Billion Swiss francs in Switzerland,Indians have about 60 followed by 12/13 zeros INR in Swiss banks, the priority , that too when it is harmful, is the above the bill !( read my blogs filed under corruption)
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