Sexual offence can take forms and go unpunished

By R Swaminathan

The brutish Delhi rape and several incidents of sexual assault of women from distant and different parts of the country which have followed it almost every day have stirred a debate on amending the existing laws to impose severe punishment as early as possible on those behaving like beasts. The clamour for death penalty has been seen even among leaders in power and finally the courts will have the discretion to impose that depending on the severity of the offence. But it is doubtful if enough thought has been given to yet another problem of sexual assault and exploitation, of course, with the consent of the woman concerned. The 19^th century habit of men keeping women as second or nth number of wife is still continuing in many places, including big cities and towns.

Women are virtually taken for a ride by these men who wield enormous power, position or pelf and the woman's body and soul is violated with impunity. There is a thin line between rape and such sexual crime in most cases. The element of coercion or consent is difficult to measure in many cases. The extra-marital affairs are still very common and even courts have given the children born out of wedlock a share in property in recent judgments as if it is inescapable.

The arrangement of the “second family”, or “chinna veedu” as it is called in Tamil, seems to be working well for many and also has social recognition these days. There is no stigma or hesitation in the practice of bigamy or polygamy as long as economics is in favour of the man in action. This external cohabitation was resented by children years ago as they were laughed at by peers. But that kind of moral disapprobation has disappeared or is disappearing.

Passive acceptance of the fling due to the persuasive skills of the stronger sex is no mark of consent or approval. Women are won over by these powerful men by gifting jewels or property in liberal doses and the women are quietly subjugated without any feeble protest. Those who wriggle out after having a physical relationship mostly get away with a cheating (420) case but if the cohabitation has resulted in a pregnancy, what has happened is not just cheating but more than that and calls for severe punishment and damages in the eye of law. Only a powerful amendment will ensure justice to the dumped woman.

We have come to a stage in foreign countries when leaders are forced to face the courts for outraging the modesty of hotel servants or one-night stands or organising hunga bunga parties or paid intimacy with minor girls. From the entertainment industry we get to hear stories casting couch and from the media, tales of writing or shooting couch, all pointing to sexploitation of women who have a fancy for quick money and big money. Women who come from a rural background are easily exploited or driven to the world's oldest profession from which they cannot redeem themselves for generations.

No one can convincingly argue that monogamy is the one and only form of marriage suitable for men and women also from the point of view of health and future of children. Such contentions will be easily refuted. Even government service rules may mention that bigamy is not allowed but punishment is seldom given. But experts will agree that children born out of wedlock develop criminal propensities easily and become more demanding and aggressive in their later lives.

Apart from bigamy, there are sexual offences against women committed by men who promise to marry or marry many a times offering the moon to the beloved. Some multiple marriages happen without the knowledge of the woman concerned and she rushes to the police station in tears sometimes only after she comes to know about the much married man. Such morally depraved men should face punitive action when the laws are amended. Otherwise, women will be at the receiving end (pun intended). The innocent adolescent years and the amorous scenes in the entertainment media and even in real life in the neighbourhood embolden the weaker sex to experiment a loose relationship. They discover they are in deep trouble only very late and the situation becomes irretrievable at times.

No amount of compensation from the cheating man will seem enough, and will not ensure a smooth and happy life for the woman. A separate category of offenders are there thanks to the advancement of technology like hidden cameras and mobile phones. They click secret pictures of consenting women in relationship (when they are conscious or are deliberately sedated) and later blackmail them into sexual favours or try to mulct money. Even these friends have to cool their heels in prison for sufficiently long time. The list of possible sexual offences and violation of the woman's body cannot be complete and the spirit is more important to ensure that everyone is treated like a human being reasonably and rationally enough.