Sensational journalism and being ashamed of jumping with a gun!


Well, this post is a follow-on post of my outburst in If you’re menopausal, its not rape! yesterday morning!

In that post I had talked about how the Delhi High Court passed a judgment which said menopausal women cannot be raped! And it was based on various news reports, especially the one from Dainik Bhaskar here which strangely is not showing anything right now! The other links are here and here.

Extremely thankful to Shail of Shail’s Nest who brought this link to my notice, which was published by Firstpost in the evening yesterday. By that time, I had already jumped with a gun in the morning!

The original judgment is here. And though all the news reports that I had read in the morning yesterday quoted exactly from the judgment, the meaning thereof sounded completely different than it does when we read the whole judgment.

So here’s an update:

#1 Traces of alcohol were found in the body of the victim and the accused was also inebriated. This is just a fact mentioned. Not used for victim blaming!

#2 What the judgment says is that since the woman is beyond the age of 60, the intercourse may appear to be forceful. But it may (or may not) be forcible. There are no other injury marks on her body elsewhere.

#3 The cause of death is said to be due to the forceful intercourse (which may / may not be forcible).

It appears that the accused was acquitted for want of evidence rather than victim blaming.

Though I have certain reservations with this judgment too, I can no more jump at the judgment and be murderous for it anymore!

Have learnt an important lesson today: News may be sensationalised. We also need to look for alternate sources like the judgment in this case.

I am sorry for having caused a flutter of agitation on this space! Peace!

RIG!

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11 thoughts on “Sensational journalism and being ashamed of jumping with a gun!

  1. anawnimiss says:

    I wish you could see me rolling my eyes right now! What a slimy bunch of pigs, those guys who tried to sensationalize a poor woman’s death! This is exactly what’s wrong with journalism in our country!

    And wtf does menopause have to do with forceful sex and vaginal injuries anyway? Did these guys bunk bio classes in school? rolls eyes

    Liked by 3 people

    • A regular Indian girl! says:

      Hey anawnimiss, thanks for the reply. Yes, I completely agree! So many things wrong! The incident, the news, the judgment! And we’re watching on like a bunch of blind people unable to do anything in this decrepit legal system!

      Like

  2. Soumya Chakraborty says:

    The very design of Indian Law seems to be a machine giving birth to all kinds of paradoxical situations. And in the midst of that, we happen to be in a country where the media loses it’s horse sense! Good that you jumped with a gun towards the Indian law. You should have taken another gun for this section of the media! Dolts!

    Liked by 2 people

  3. Saya says:

    The original judgement seems a bit confusing. I checked the Section 376 of IPC. It has no reference to menopause. It is not clear then why this age and menopause has been linked to that section of IPC.

    But the reference to absence of external injuries is still unfortunate. If the woman passed out in a state of inebriation, and she was raped, they still won’t find any bodily injuries. Does than mean no rape occurred? Or imagine necrophiles, even in that case they won’t find any body injuries. Overall, the judgement seems not thought out properly.

    Like

    • A regular Indian girl! says:

      Yes it is indeed confusing. Reference to menopause was probably to infer that at that age, intercourse might be forcible even if it is consensual. I can’t comment on it.

      Another confusing part is that the accused mentioned the victim was like his mother and was sleeping after consuming alcohol. There might be some way to assess whether that statement was true. What I mean is if the semen found inside the victim’s body belongs to the accused, his first statement is incorrect!

      This indeed is a confusing judgment. And the news people tried cashing in by sensationalising certain statements.

      Like

      • Saya says:

        true…next time I’m going to take some time and do some research and then write, if anything…

        even if it is proved that he lied, doesn’t automatically conclude that he forced the woman…I’m not on his side, but can’t see how this might help the case.

        The cause of her death seems important. If the act was not forced on her, she would not be so stupid to have intercourse just after having food. Also if she faced any problem, she would have stopped having sex altogether, or would have got up and went to basin ….done something rather than just lying down. So it seems either it was forced on her either when she was awake or passed out.

        Liked by 1 person

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