Tuesday, September 2, 2008

IF LOVE IS BLIND, SO THE JUSTICE IS ....???

Recently, there was a case, in which supreme court accused and convicted a boy (19 year old) on the charged of raped a girl, who is at that time 16 year old (minor), despites the girl confessing that she had a sex as she was in love with him, and gave him a 3 years imprisonment and Rs 10,000 as a fine.
In the constitution of India, sex with minor (below 16 years) with consent or without her consent is considered as a rape.
Here in this case, girl herself confessed that she was in love with him and had a sex. So the question is,… Isn’t it too harsh punishment for the boy? Just because he had loved a girl and had a sex with her with her consent and in return having a 3 years imprisonment and Rs 10,000 fine.
Just one judgment of Supreme Court, made the boy an offender of raping a girl. In my opinion, the judges must see the intention of the convict before charging him anything and in this case also, I don’t find any malice intention of a boy, while doing an act. I hope the judges of Supreme Court will see and considered these things also while deciding the cases like this.
So my friends, the moral of this article is, never indulge in any relationship with minor girl and if you are then make sure, that the girl is not fooling you by saying that I am not a minor, after all there are plenty of other girls also present in this world (ha-ha…in a humorous way….don’t be serious).

ENJOY READING,
From,
Mohammed Farhan Khan

9 comments:

Deepanshu said...

hey farhan by reading dis i think u want 2 tell dat court or legislature shud remove dis law....bt i would like 2 say dat by giving 1 case u cant say dat d law is not gud.....ok tell me y d age has been decided as 16 years?
it is so bcoz below dis age 1 can easily manupulate any1 & get his or her cconsent in any thing....so 2 safe guard girls dis age was decided....yes there may b sum genuine cases like dis, bt on d basis on 1 case u cant say dat d law shud b removed....& there is also 1 thing dat it is a known fact dat it is a law dat having sex wid a girl under d age of 16, having her consent, will b termed as rape....then no1 can say that i didnt knew dat dis is d law as IGNORANCE OF LAW IS NO EXCUSE.....

and u tried nicely 2 end in a funny way.....nice try...

Anees said...

I just want to ask one question with the above gentle man, that what will happen if a boy indulges in sex with a girl of 16 years and two months. Will that two months make the girl mature??
And by the way when a boy and a girl are having sex with their own consent, why a boy is being blamed and why not the girl? The girl should also get the same punishment which the boy has been given.
And after all, having a sex without marriage in itself is so shameful and wrong deed, that at any age the boys and girls getting involved in this act should be punished.
Lastly, I want to say that Farhan only wanted to say that the judgment should also consider the intension of the boy and girl rather than just following the rule. After all, the laws have been made for the benefit of humans.

PRIYANKA said...

i agree with u farhan....u know what is the problem of indian legal syatem.the rules are made in such a way that if a common man thinks abouts their practicle possibility then he looses his hopes.i m a girl but but i can say that if we talks about equal status of a girl n boy then why there is not the equality in this case. u know people generally says that a 10 year old girl have the ideas of a 14 year old girl and a boy think 2 year behind i mean if a boy is of 10 year old then he will be having the ideas of an 8 year old boy. everybody knows this thing but when the turn come to apply practically this thing.......no body thinks abt this........

neilesh said...

now dat's lil interesting.

by reading this several things are related with eachother.
girl herself said that she was in love n had a sex. now question is "falling in love" n dat's y "doing sex" is an indication of immaturity(minors are supposed to b immature).

now if an immature person is saying dat i am in love with someone then it will be a contradiction. one should realise the meaning of love rather than mixing love n sex with eachother.

all in all i have a feeling whatever done by dat boy n girl was a perfect example of immaturity & attraction rather than love.

no comments on the law as i really don't about that.

regards,

neilesh

Deepanshu said...

by reading d last comment i came 2 realize wats d main prob wid India or Indian society......if u all read d comment it says dat minors r immature.....i would like 2 ask dat under Indian law a minor is below d age of 18......b4 dat a person is immature (as per neilesh)....so i would like 2 ask him ki agar koi insaan 18 years & 1 week ka ho gaya hai to usse akal kaha se aa jati hai....where is it proved in science dat if a person crosses d age of 18 den u attain majority???? listen sir....under various laws d age below wich a person is considered as a child is different......i just want 2 ask u 1 thing dat how do u define majority & wat is immature according 2 u?
plz enlighten us..........

MOHAMMED FARHAN KHAN said...

Well friends, thanks for your beautiful and logical comments.
I just want to clear few things:-

First of all, I want to tell, the law which I had mentioned, the law has made for the protection of girls, that nobody can molest them.
The Supreme Court has given its judgment, on the basis because the boy was 3 years older than girl, as compare to girl, the boy was more mature than her and according to law, it has termed as ‘rape’.
Laws are made for the benefit of us, but sometimes their interpretations are not done in a well way, like in this case also. I just wanted to highlight the intention of the act, whether it was done by minor or a mature person (no matter).
In this case also, the intention of the boy was good as girl also said many times that she also involved in this. Sometimes, we have to look beyond the law, in order for better interpretation and in clearer way.
The boy suffered because of its man-kind nature. It is not only in Indian society, in every society, girls are considering as a weaker section of the society (woman and children are both in weaker section). So, there is always less chance for girls to suffer.
If there is any case, in which girl molested a boy of her less age, we know what our society calls her.

Anees bhai and Deepanshu, it doesn’t matter whether the age is 16 years 2 months or 16 years 1 week, in the eyes of law, it must be considered as 16 years, as what I said, laws are meant to be for better interpretation.

Nilesh, I agree with you, that love and sex are both different thing, but the chances of sex is more, when the two person is in love. There is no place of immatureness in it, because sex, itself is a mature act. Whether minors and major, they know it well and its consequences, that’s why they are doing it.

sorry for the long comment, actually i have to tell and make certain things in more clear way.

neilesh said...

hi deepanshu its a good comment by u. but i think u hve taken my comment in a differant sense.

i never said the people coming under majoriy follows maturity

the fact is actually no one is sure that majority people have maturity...

than how could we guarantee that minority will have that.

agar above 18 main hi maturity hone ki chanced kam hai toh minority main toh 100% chances hai ki woh imaturity dikhaye. isen't it?

isuue is not with majority or minorty. it's all about thinking capability.

in the case of love, i have a strong feeling that 80% of people (includung minors & majors)think of sex first & then the rest.

i am affraid log 1 saal ke afair ko love bolte hai. but jin maa baap ne 20 saal se hume pyaar se "love" sikhaya unke pyaar ko hum nahi samjhte. is this a a love? or is it a maturity? or isen't it a immaturity?

one more thing i would like to repeat i do not want to comment on indian law.

Anees said...

Here, first of all, people have been discussing such things which take the discussion away from the topic, for e.g. the different aspects of sex and love etc, which further makes the discussion more complicated. The main theme of the topic was whether the law should take into consideration the intentions of individuals involved in any act. Therefore, one should always stick to the topic and the theme and not walk here and there, discussing different issues.
Secondly, the e.g. which I mentioned i.e. about 16 years and 2 months was nothing to do whether law is interpreting it in a right or wrong way. If you read my whole comment, from which I just wanted to blame the act of sex between two fellows, before marriage, irrespective of age and intensions. Therefore please don’t take out meanings from one sentence or two. Just go through the whole comment.
A discussion is always incomplete without a conclusion. Here, the conclusion is getting diverged to different points instead of converging to a same point. If such happens, the main idea behind the discussions gets lost and one ends in a mess.
I don’t say that people are saying wrong. They definitely may be correct, but first they are misunderstanding each others statement and back commenting them. This should not happen in a healthy discussion.
From the above examples please don’t take these comments for a particular person. It’s just a general one and for all, including me.
In the last, I wanted to say that the qualities and the logics which all of us have, if applied in a correct, systematic and proper way could lead in a converged conclusion.

ajitha said...

consent before the age of sixteen is no consent, there r reasons behind it... in this case she would have given her consent... but if a boy threatens her to give her consent..

in order to avoid all those complications certain standards are fixed which ought not to be disturbed...

farhan some standards like a prson can vote only if attains the age of eighteen may not make sense now, where we see many teen kids highly intelligent and aware of the political happenings but thet standards r necessary for common good, after all democracy functions on the basis of utilitarinsm "greatest good for greatest number"..

good to think out of the way,,, but let it be for coomon good