Bhartiya Nyay Sanhita 2023 portrays men as a reason, provisions to punish for every reason

Appeal to amend Bhartiya Nyay Sanhita bill

PRESS RELEASE

The “Bhartiya Nyay Sanhita 2023” is going to be “Anay Sanhita” for men.

This bill should have been made considering the changes in society, but it is worse than the current IPC. This bill is something that portrays men as a reason and tries hard to punish men for every reason at every level. The Bill has also ignored the various guidelines issued by the Apex Court from time to time. The bill seems to have been made on the assumption that all women are “saints” while men are “born criminals”. It even do not talk about safeguarding our sons.

The Chapter V of the Bhartiya Nyay Sanhita bill is a violation of the Constitution Article 14 and 21, the life and liberty of the men would be in the hands of the women in their lives or near them.”

Kumar S Ratan
Bhartiya Nyay Sanhita 2023 portrays men as a reason, provisions to punish for every reason

We see this bill as a new beginning of slavery of men who have been a victim of social norms for 1000s years.

It has missed an important aspect of parenting the child life when parents are in dispute. A child who will keep growing and surprisingly it has not given importance in the great bill of India.

Another important aspect which the government has missed is “Police reform”, and without it whatever the bill comes will harm the society at large. This may result in a society of fearful people. This bill is trying to develop a society of its own kind and there will be no other society to follow.

The Bill even not considers the men’s suicide due to gender laws or dispute with women. More than 60 percent suicide in men is due to family dispute and one sided gender biased law. Refer the NCRB suicide report, it clearly states that suicide in men is more than twice as compared to women.

There are many common acts/conduct that can happen to/against men such as, act of publishing (clause 72) or act of outraging modesty (Clause 73) or act of “Sexual favours or sexual favours” (Clause 74) or act of disrobing or compelling to be naked (clause 75) or act of capturing the image of a woman engaging in a private act (Clause 76) or indecent gesture intended to insult modesty (Clause 78) or marry any against will (Clause 85), but the draft bill criminalizes only men assuming that women can’t make such acts against men.

The Clause 69 “sex on the pretext of marriage”, it denies the occurrence of situation from both the side while there are many reported such incident that woman has denies marrying men after the promise. At present, the apex court considers the change of circumstances in such cases, but after bringing the Act, the accused person is left with the option of serving a jail sentence.

If we specifically talk about “Clause 79 – Dowry death”, it will be an injustice if the provision of sending the whole family to jail on mere claim of in-laws of dowry demand? On the other hand, if the husband dies, the wife is not held responsible.

We see that “Clause 80 – Cohabitation caused by man deceitfully inducing belief of lawful marriage”, this clause appears to be a mere fiction. Every person who born in the culture and civilization knows the basics of rituals in marriage & death. Even if marriage is not lawful then this is the court who will decide, not the police. Even clause 82 (going to be married dishonestly) applies to both the genders.

When we talk about sexual act with children, then I see discrimination with male child which is a violation of rights of the child. Clause 65 has a provision for “imprisonment for the life” but Clause 94 has maximum imprisonment of ten years. It is also confusing whether both the sections can be applicable at the same time.

If I look at “Clause 84 – Cruelty to wife”, however NCRB has less analysis of the issue but whatever the data it provides, states that the law is widely misused and also that husbands are also victims of wife, even Apex court has observed it many times. But the provision in the bill only criminalizes men.

When I see at the clause related to committing rape, it only considers women as victim. We should not forget that society and its norms are changing and adopting the western culture, and in the changing culture women are not less than men. The crime against men is growing rapidly, even women are committing rape with men but ignored in the bill.

The bill even does not provide protection to men if a girl denies from her verbal consent of the sexual intercourse as in Clause 63(vii). The Bill does not protect men from being falsely accused by women.

The bill does not have any provisions to protect men from the false accusations and from the one-sided gender biased laws. Surprisingly, IPC section 211 like sections has not given any space in the new Bill and also that it has not strengthen the IPC Sec 180 or 195 similar clauses.

The bill officially stamps men as the IGNORANT section of the society.

We urge the lawmakers to look our concern and request to amend the draft to make it gender neutral.

Observation of aspect of Bhartiya Nyay Sanhita bill 2023 may affect mens wellbeing

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