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serendipity2 thumbnail
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Posted: 14 years ago
#31

Originally posted by: Mahi-Maan

I think what Dev done was even worse than rape knowing fully well that he did not marry her and his niyat changed seeing her innocence...I feel liek killing him😡

Rape the victim knows whats happening where as Geet did not...she just let him do whatever coz she thought she was married.

Going back it was shown in a evil light than a normal one.

In english law they will look at the 'mens rea' ..which is the mental aspect would a reasonable man know that what he was doing was wrong?

In Dev's case yes he did....so I do class him as a rapist


The marriage by english law would be illegal and the person is charged with bigamy but would the sexual act be classed as rape?
SecretKhabri420 thumbnail
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Posted: 14 years ago
#32
I don't agree with u, rape is explained in different ways, rape can be forced, but in some situations r not, from his side he knew it was fake marriage, but she didn't so it's rape........
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Posted: 14 years ago
#33
Technically according to Australian Law, I wouldn't classify her situation as to being rape. Both parties consented, although one of them agreed under misleading terms. However, it cannot be perceived as sexual assault if the party gave his/her consent and did not say 'No'. Rape in definition is the unlawful compelling of a woman/man through physical force or duress to have sexual intercourse. Legally speaking, we cannot claim that all woman whom has been betrayed from their partner and/or lover are victims of rape. At times, a girl may willingly form an intimate bond with her partner. IF the partner turned out into being a player who only used her for her body, then we cannot say that she got raped. She got deceived.

However, that is me just speaking in legal terms. Morally and personally, I would consider the situation as 'rape'. For in my definition, rape, is not only the physical aspect. Dev raped Geet of her virtue, her innocence, her belongings, her assets, her honour, her home, her family, her life. Geet is a victim of 'mental rape'. Her mental stability and emotional outbursts are caused solely because of that devil. And the fact that she got used under false pretenses of marriage makes Dev not only just a con man, but a heartless rapist too.
Edited by _SiinnceMaan_ - 14 years ago
Infinitedreams thumbnail
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Posted: 14 years ago
#34
I am totally agree with you Shazu, i was also like how this calls rape, when the girl herself gives to the guy, but i think in India and Pakistan people marry innocent girl for their own sakes, and cheat them use them, so i think that's why they included this in rape as well....






Muniza
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Posted: 14 years ago
#35
Guys, I'm not going todebate whether its rape or not. I'm gonig to put forward my views on Geet forgiving Dev. Even if it was a rape, its all upto the victim to deicde whether they want to forgive the crime or not.. When Priyanka Gandhi met Nalini Murugan and forgave her, I did not like it initially. But then, we need to understand the state of mind of the person who is taking such a big decision. They probably take it as a way to let that deep pain go.. specially when the wrong doer is repenting. Pashchytap se bad ke koi saza nahi hai.. Because such person is dying under the burden of his own sins everyday. So its bigger than a death sentence where the person dies only once.
I think forgiving your father's murderer is no way less difficult than forgiving someone who raped you.. Though she took 17 yrs, but here they are showing it in few months only.. But then again, its just a show.
Every religion has talked about forgivness.. Hinduism teaches that forgiving is not a sign of weakness but of power. when yudishter was asked what is the biggest daan (charity).. . Also his answer was kshma daan (means forgiving). Islam teaches tauba can seek forgiveness for biggests sins by God I think it includes the sin of not believing in HIM.. When God can forgive you if you repent with true heart.. then why can humans not forgive?
undisclosed thumbnail
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Posted: 14 years ago
#36
also trying to forse one's view on others can be a form of rape if taken in the broader sense...like trying to make someone admit that she was raped when she doesn't feel she was...the law is very well written and is an example of how far we have come to understanding this term in all its contexts but we can't use it just because it fits...
delhigirl thumbnail
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Posted: 14 years ago
#37
it does not matter what we all or geet perceives it as. There are 3 situations that have been identified as rape by Indain penal code/judicial system. If geet or someone in geet's situation had gone to court and CVs had shown this in the serial, by indian law, the charges against Dev will be of rape and deception.
Edited by delhigirl - 14 years ago
delhigirl thumbnail
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Posted: 14 years ago
#38

Originally posted by: delhigirl

it does not matter what we all aur geet perceives it as. There are 3 situations that have been identified as rape by Indain penal code/judicial system. If geet or someone in geet's situation had gone to court and CVs had shown this in the serial, by indian law, the charges against Dev will be of rape and deception.


Just to prove what I am saying-

I can post articles about this, since there was a modification in this law.

RAPE, IN India, is defined as intentional and unlawful sexual intercourse with a woman without her consent. The essential elements of this definition under Section 375 of the Indian Penal Code are 'sexual intercourse with a woman' and the absence of consent. The Section 375 made it clear that intercourse would account to rape only during the absence of the woman's consent. But a Delhi court verdict, which came in yesterday seems to modify the definition. This will come as a sigh of relief to the women across the country.

Having a sexual relationship with a woman with a false promise of marriage can also be termed as rape. The case was being heard in a Delhi Court and it involved a man having sexual intercourse with his neighbour. The man was found guilty of rape and sentenced to seven years of rigorous imprisonment.



I am not trying to prove anything right or wrong, i am just trying to provide facts. this news about change in judicial system has been reported by many major newspaper in India. this was solely done because India is different from europe and women over there can have different issues

Since this story is based in India, this law would have been applied by judiciary
Edited by delhigirl - 14 years ago
delhigirl thumbnail
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Posted: 14 years ago
#39

This is the actual penal code


[375. Rape.

A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions: -

First: - Against her will.

Secondly: -without her consent.

Thirdly: - With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly: -With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly: - With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly: - With or without her consent, when she is under sixteen years of age.

Explanation: - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception: -Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape].

STATE AMENDMENT

Union Territory of Manipur

(a) In clause sixthly, for the word "sixteen" substitute the word "fourteen"; and

(b) In the Exception, for the word "fifteen" substitute the word "thirteen".

[Vide Act 30 of 1950.]


1. Subs. by Act 43 of 1983, sec. 3, for sec. 375. (w.e.f. 25-12-1983).

Edited by delhigirl - 14 years ago
undisclosed thumbnail
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Posted: 14 years ago
#40

Originally posted by: delhigirl

it does not matter what we all or geet perceives it as. There are 3 situations that have been identified as rape by Indain penal code/judicial system. If geet or someone in geet's situation had gone to court and CVs had shown this in the serial, by indian law, the charges against Dev will be of rape and deception.

i am absolutely sure he would fit the bill...i am also thinking that he would have a lot more charges applied to him than just rape and deception if we broaden the frame of focus...

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