“YATRA NARYASTU PUJYANTE RAMANTE TATRA DEVATA, YATRAITAASTU NA PUJAYANTE SARVAASTATRAFALAAH KRIYAAH”
…is a famous sloka taken from Manusmriti which means where Women are honoured, divinity blossoms there, and where women are dishonoured, all action no matter how noble remain unfruitful.
In ancient times, women were treated equally to men and were given equal rights in comparison to men. Later, with the passage of time, the position of women in society deteriorated, as a result of which there was a high demand since the colonial period for the upliftment of women in society. As a result, a number of pieces of legislation were passed to give equal rights to women. Like the setup of the Women’s Commission at the center and state level, the Dowry Prohibition Act 1961, the Equal Remuneration Act 1976, the Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994, the Protection of Women from Domestic Violence Act 2005, and the and the Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013.
However, the rape laws were introduced by the Britishers under section 375 of Indian penal code, 1860 in India which prescribed certain punishment and fine for violation of such law.
What Changed Post Horrific Nirbhaya Case (2012)?
After the infamous Nirbhaya gang rape case on December 16, 2012, in Delhi, entirely changed the definition of rape laws in India, where people all over India demanded harsh punishment for such heinous crimes. The Justice Verma Committee was appointed by the UPA government which submitted its report on January 23, 2013 with the recommendation of amendments to the criminal law to provide for a quicker trial and enhanced punishment for criminals accused of committing sexual assault against women.
The committee was of the view that rape and sexual assault are not merely crime of passion but an expression of power. But often it is found that women use such laws as weapons against men of false accusation of rape to take revenge for failure in relationship, family pressure, social pressure, to extort money, to seek attention, to conceal premarital sex, to force someone to marry, to gain leverage in a custody or divorce proceeding, etc. Vengeance against one lead to victimization of another, which tarnishes the credibility of a genuine victim.
The weaponisation of rape laws against men came more into force after Nirbhaya rape case. The number of rape cases reported to police in India rose sharply, Delhi Commission for Women published a report in 2014-15 which state that 53.2 % of the registered cases were false.
Cut to 2024! Be prepared for such false cases against you and prepare to go behind bars for nothing. After a bad Dowry law (Section 498-A IPC), a new tool has been created for women to misuse the same against innocent men …..I am not against these strict laws to protect women, but the implication of such one sided laws can be alarming…….!!!!
NCRB Reports
According to 2021 NCRB data, 31,667 rape cases were registered in India, out of which 23,440 cases were disproved (i.e., the acquittal rate is 74%). In the 2018–2020, data with regards to the death sentences showed 125 cases reported were against minors. In these cases, 15% of the cases were decided in less than a week and 28% were decided in less than 3 months. It is found that most of the time, the court relies only on the testimony of the alleged victim and pronounces its judgment, which is a violation of a natural right.
Why Are Women Filing False Rape Cases?
The false rape cases are filed by women (and their families) most often for taking revenge due to failure in a relationship, family pressure, social pressure, to extort money, seeking attention, conceal pre- marital sex, pregnancy, force someone to marry, to gain leverage in a custody or divorce proceeding etc.
The reason behind numerous false rape cases is Section 166-A of Indian Penal Code that make it mandatory for a police officer to file the rape complaint even without any evidence. The police personal must act on it immediately and thus, they are duty bound by these laws to register these cases even when they are seemingly fake.
Have You Heard Of Vishnu Tiwari False Rape Case?
In 2021, a news from Agra Central Jail shocked the entire nation when a person named Vishnu Tiwari was acquitted from a ‘fake rape case’ after he spent 20-years in jail.
Tiwari was found guilty of rape, sexual exploitation, criminal intimidation under the Indian Penal Code (IPC), and other sections of the SC/ST (Prevention of Atrocities) Act. However, after two decades, the Allahabad High Court concluded that there was a motive on the part of the complainant since there was a land dispute between the parties.
Tiwari was earlier held guilty by a trial court and sentenced to life. During his appeal by the jail authorities, the Allahabad High Court acquitted him after twenty years.
When Vishnu Tiwari was arrested in 2001, he was 23-years-old and when he was released in 2021, his age was 43-years. He lost his most precious 20-years of youth behind bars, and during this period he also lost his family members. When he was released he questioned: “How will I start my life now at 43 — with no education, no skill set and hardly any family around?” Perhaps no one has answer to his question …..except silence and sympathy.
In 1680, English Chief Justice Sir Matthew Hale stated “[Rape] is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused; tho never so innocent.
Now lets read about another case that went viral. A roadside traffic dispute between Jasleen Kaur and Sarvjeet Singh Bedi turned into a nightmare for the young man. Jasleen Kaur posted a photo of Sarvjeet on Facebook, claiming that he had molested her, and later filed a suit against him. A noisy media trial found him guilty and gave sympathy to the presumed victim even before the court verdict.
During the three years of proceedings, the woman never visited court. On the other side, Sarvjeet lost his job, relatives, friends, etc. He remained a culprit in the eyes of society even after his acquittal.
The conservative thinking of society and the so-called fourth pillar of democracy, i.e., the media, declares a person guilty without any evidence, as a result of which a person loses his honour, reputation, status, and job, even though it is not restored if the court acquits him. Nobody bothers to see in how many cases the accused are actually convicted. The media turns a blind eye to acquittals. The acquittal of an accused is not noticed at all, and he continues to be labeled as a ‘rapist’ even after his honourable acquittal. There is a need for research on this aspect of misuse of the newly amended laws that has a potential of nefarious motives against innocent men.
The observations of Fast Track Court Judge while acquitting the alleged accused and highlighted the role of media in following words:
“I hope and trust that the media, which is an important pillar of our democratic set up, would strive to highlight the plight of rape accused after their acquittal by courts in the same way in which they report filing of rape cases”.
Motives of Malicious Prosecution
As, I have previously mentioned that false rape cases are largely filed for taking revenge of failure in a relationship, family pressure, social pressure, to extort money, attention seeking, conceal pre- marital sex, pregnancy, force someone to marry, to gain leverage in a custody or divorce proceeding etc. The court, on several occasions, has observed that if both adults, out of their own will and choice, develop consensual physical relationship, and when the relationship breaks down due to some reason, the women are misusing the law as a weapon for vengeance and personal vendetta.
The Courts have also gone onto quote implicating that some women tend to convert consensual acts as an incident of rape – due to anger and frustration thereby defeating the very purpose of the provision. The Courts have called for a clear demarcation between the rape and consensual sex especially in the case where complaint is that consent had been given on promise of marriage.
Most of time such fake cases were lodged under family pressure where both the parties had been in a relationship, but due to some issues, the boy backed out from marriage. In such cases, the parents of the girls, often brainwash their daughters that since they had lost their virginity, it will be impossible for them to get them married. In many cases, parents of girls, pressurise them to file fake rape cases to force their boyfriends to marry them.
Observation of Courts
In July 2013, while acquitting a 75-year-old of rape charges, Additional Sessions Judge Virender Bhat of a Delhi Court said:
Mere statement of a lady that she has been raped, is now taken as gospel truth, the accused arrested and charge-sheeted. This has led to an unprecedented surge in filing of false rape cases…It is these false cases which play havoc with the crime statistics, leading to the labelling of Delhi as a rape capital.
In 2016, calling out the need to protect innocent men, Justice Nivedita Anil Sharma said:
It is time now to have laws to protect and restore the dignity of men charged with false rape cases as everyone is just fighting to protect the honour of women. While laws are being made for the protection of women, some of whom may misuse them, nobody talks about the dignity and honour of a man.
The judge in another case also questioned that if rape victims are referred to as rape survivors, should men falsely accused of rape who are honourably acquitted later be called “rape case survivors” as well?
In Sham Singh vs State of Haryana (AIR 2018 SCC 3976), the court asserted:
It cannot be lost sight of that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to the accused as well.
In December 2020, the chief of Chhattisgarh’s women’s commission, Kiranmayee Nayak said:
If a married man lures a girl into an affair, she must understand whether the man is lying to them and whether he will help them survive or not. If that is not the case, both of them, mostly the women, approach the police.
She further added,
In most of the cases, girls have a consensual relationship, a live-in setup and then file an FIR (First Information Report) for rape after separation.
Misuse of Rape Laws: A Business
In some cases, it is found that women misuse rape laws as a business to extort money from wealthy men.
In 2021, a sextortion racket was exposed in Madhya Pradesh. In another case, such a racket was run by a lawyer along with policemen by using SC/ST women to extort money or threaten men with fake rape case.
In another case reported in May 2022, a Delhi woman aided by her father, filed a false rape case against her father-in-law. A Delhi court then ordered the Delhi Police to file an FIR against the duo, coming down heavily on them for making a false claim. According to court, the woman had alleged that she was raped by her father-in-law. The woman’s false charges were backed her own father, who is also an advocate. In the matter, the court noted:
Being an advocate himself, he did not keep the sanctity of the oath and kept on making false stories. Rape is a heinous crime but false allegations of rape also need to be dealt with firmly. It causes huge humiliation to the accused.
Goa police have recently exposed a major criminal operation involving the filing of false rape cases across the country. The modus operandi of the criminals involved identifying good-looking girls from economically disadvantaged backgrounds and enticing them with monetary incentives to file false rape cases. Once the girls become aware of the easy money involved, they would find themselves trapped in a vicious circle from which they cannot escape.
They would initially establish contact with potential clients, posing as providers of escort services. Subsequently, they would threaten the clients with rape accusations if they failed to pay the demanded sums. In some instances, they even managed to register Rape First Information Reports (FIRs) against their targets.
Why Women Get Away With Fake Rape Cases?
Filing of fake rape cases for malevolent purposes have become a national security risk. It defeats Indian men’s inferior status in the current legal system, which views males as the oppressors and women as the victims.
There is no harsh punishment for those who misuse such laws. The only recourse to a false accused has been prescribed under Section 506, 182, 195, 211 and 500 of Indian Penal Code, 1860. Recently a sessions court at Indore convicted a 45 years old women of 10 years rigorous imprisonment for filling fake rape case against his nephew. Such type of justice must be upheld by the court.
Even if one is acquitted, one cannot regain that status. You can’t prove your innocence to each and every person. People are quick to judge in a rape case without even knowing whether the person is guilty or not.
What Are The Remedies For Innocent Men?
For defending yourself and your family against a false charge and from being arrested you need to first apply for anticipatory bail. You need to collect evidence against the charges including call records, emails, photographs, statements of neighbours supporting you, etc.
If a false complaint is lodged against a person for a non-bailable offense, then to circumvent the police custody the said person can apply for Bail u/s 438 of the Code of Criminal Procedure, 1973 (CrPC) before the Sessions Court or the High Court, before the arrest is made.
In the case of Rashmi Rekha Thatoi and Ors, v. State of Orissa and Ors, it was clarified that the said provision cannot be invoked once the arrest of the accused is made. After arrest, the person can seek his remedy U/s 437 or 439 of the CrPC, if he wants to be released on bail in respect of the offense or offenses for which he is arrested.
Conclusion
The definition of rape has been given under Section 375 of Indian Penal Code, 1860 which defines rape as a sexual intercourse with a woman against her will, without her consent, with intimidation, misrepresentation, fraud etc. or consent taken when she was not in the position to give her free consent because of mental illness, mental deficiency, intoxication, unconsciousness or deception.
Rape is a forced sexual intercourse which include vaginal, anal, or oral penetration may be by body part of through an object.
Rape is one of the most heinous crimes in the world, and every country has the harshest law against such a crime. Despite these stringent laws, the reported numbers are increasing. In India, rape has been listed as the fourth most heinous crime, where on an average 88 cases are registered daily. One of the studies by Madiha Kark claimed that 54% of the rape cases go unregistered; one cannot imagine the society in which we are living.
That’s the story of one side; let’s talk about the opposite side of the coin, which no one is ready to talk about.
The Nirbhaya gang rape case changed the definition of rape laws in India. After this incident, the government had appointed a Justice Verma committee, which recommended several amendments to the rape laws in India. After the recommendation of the committee, the government inserted several provisions in the definition of law, which also include the strictest punishment for rape.
Nowadays, it is found that several false rape cases have been filed against men in the society. The objective of fake rape allegations filed as retaliation for relationship breakdowns, familial and social pressure, money-laundering, attention-seeking, hiding extramarital affairs, forcing someone into marriage, gaining leverage in a custody or divorce dispute, etc. The court has noted on several instances that in situations when both parties freely choose to engage in a sexual relationship, and when that connection ends for whatever reason, the women frequently utilize the legal system as a tool for personal grudges and revenge.
This article presents a number of cases and data that demonstrate the widespread abuse of anti-male rape laws in society.
The court must follow the maxim ‘let hundred guilty be acquitted but one innocent should not be convicted’.
The fake rape case not only harasses the innocent men, but also reduces the credibility of the statement made by real victims.
Recommendations
- Anonymous reporting – In every case, it is found that as soon as a case is lodged, a media trial of the accused and victim starts, as a result of which most of the genuine cases go unregistered just because of societal and family pressure on the victim. This poses a threat to her career and marriage life. The names of the victim and accused must not be disclosed until and unless there is direct evidence, prima facie
- Forensic capability needs to be increase
- Fast track court –“Justice delayed is justice denied”. If justice is not served timely, it is as if no justice is served
- Police Reform- India needs significant reform in handling rape cases. These reforms can empower survivors, deter offenders, and promote a safer and more just society. Such a recommendation was also given by the Justice Verma Committee in 2013
- Amend IPC 182: Increase Jail term and fine prescribed under law for criminals who file false cases of rape or any heinous crime. Enable falsely accused to initiate proceedings against false accusers
- Amend the law for damages and compensation to grant suitable recourse to those who spend years in Jail on false charges despite being innocent
About The Author:
Khan Mohammad Obaida is currently in his 3rd year pursuing B.A.LL.B from Aligarh Muslim University.
DO WATCH:
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BLOG | Weaponisation Of Rape Laws Against Men In India: A Complex Legal & Societal Issue
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