Mumbai: Activists on Monday held a protest at Marine Drive against a law in Bharatiya Nyaya Sanhita, which criminalises sexual intercourse by deceitful means. The protesters demanded a revision of the law with a call for gender-neutral laws with an addition of a misuse clause within the section.
On Sunday, more than 20 people gathered at Marine Drive under the banner of ‘Citizens For Justice’ to protest against Section 69 of the newly formed Bharatiya Nyaya Sanhita, which will replace the Indian Penal Code 1860. The section criminalises sexual intercourse by deceitful means including making a promise to marry a woman or providing a job without any intention of fulfilling it.
Protesters reached out to people and tried to spread awareness about the new law along with the possible threat it could pose against men. The protestors shouted slogans and held placards saying “Know the law before Valentine, else be jailed under Section 69” and “Yes means Yes, No means No, Lawmakers Should Know”.
Some of the protesters shared about the false allegations faced by them under the charges of rape on false promise after being in a consensual relationship. The protesters alleged that the law would punish men merely based on the women’s words as it would become hard for them to prove that they did not make any promise and the intercourse was entirely consensual.
"Need more laws to protect men’s rights"
Sneha Kala, one of the protesters who is the co-founder of Feeling Minds Men Mental Health Forum, said, “In a time when we need more laws to protect men’s rights, this law will prove to be a weapon against men as there is no provision to save them from false accusations. Is it okay for a woman to have sex with a man if he promises her job or promotion and it is a crime only if that promise isn’t fulfilled? This law is derogatory even towards women.”
Concerns over jail term in BNS
Activists also raised concerns regarding the jail term in the BNS increased to 10 years from that of seven years in the Indian Penal Code (IPC). Protesters said that it would create more trouble for men and demanded that the punishment be revised to seven years so the accused could save himself from immediate arrest.
Another protester Timir Das, who is a part of Men’s Talk NGO, said, “Under IPC, we have certain provisions which help the men to fight the case and demand a bail. However, the BNS will prove as a weapon against men to wrongfully jail them. As the case will be heard directly by the session court, the settlement amount for the case will also increase. This law is prone to be misused for revenge purposes.”
The protesters said that the law is discriminatory, unconstitutional and extremely prone to misuse and hence needs to be rolled back in its existing form. The protesters also cited the key concerns flagged by the parliamentary standing committee regarding section 69 of BNS, which includes subjectivity and intent, privacy and autonomy, lack of clarity, enforcement challenges and gender dynamics. More than 24 thousand people have signed an online petition demanding repeal of the law.
