Remember the infamous Vishnu Tiwari False Rape Case? In what seems to be an affirmative approach towards Justice for Women, the same could end up becoming a reason for many innocent lives destroyed.
The Uttar Pradesh government of Friday passed the Code of Criminal Procedure (Uttar Pradesh Amendment) Bill, 2022, that denies granting of anticipatory bail to rape accused and those booked under the Protection of Children from Sexual Offences (POCSO) Act.
Contents of the Bill
The Bill that was tabled in the House on Thursday proposed an amendment in Section 438 of the CrPC, 1973, with regards to the state. The section defined the powers of the high court or a sessions court to give anticipatory bail.
Parliamentary Affairs Minister Suresh Kumar Khanna told the House that denying anticipatory bail in sexual offences against young people and women will reduce the chances of the accused destroying the evidence.
No anticipatory bail in Uttar Pradesh for crime against women, kids pic.twitter.com/q3ONHX1jh7
— Government of UP (@UPGovt) September 23, 2022
In a press statement the State Government said,
In pursuance of zero-tolerance policy towards crimes against women and children, it has been decided to make the necessary amendment to ensure prompt collection of biological evidence in sexual offences, prevention of biological evidence from being obliterated, minimising the possibility of destruction of relevant evidence and to restrain the accused from causing fear or coercing the victim(s) or witness(es).
The amendment could help in preventing the accused from intimidating the witnesses and the victim and influencing the evidence.
- VFMI completely stands by Justice for Rape Victims and we demand strictest punishment for anyone who is convicted for such heinous crime
- However, in what seems to be a zero tolerance policy by the UP government, may have serious effects on the lives of several men – who are innocent and have been falsely trapped in motivated rape accusations
- Currently, in most rape cases, the accused is nabbed even before a medical test of the alleged victim
- Currently, innocent men who can afford good lawyers are able to secure bail, while several less fortunate innocent men languish behind bars as under trials
- The definition of rape is completely misplaced in India, and even a man backing out from marriage after consensual relationship, can be charged for rape by his former ‘disgruntled’ girlfriend – Will all such boyfriends spend days, months and years in jail till the time the trial is not completed?
- We have multiple cases where Courts have called out rampant misuse of both Rape (Section 375/376 IPC) as well as POCSO, where women or family members wanted to take revenge over personal and property disputes
- We also have many married women today, who are including the charge of False POCSO against their estranged husbands (for sexually exploiting their own children) in their divorce petitions, just to deny the fathers child custody or basic access after separation
- Even for the sake of argument if one questions the number of real victims Vs false cases, a fractional percentage of false cases in a country like India, can run into thousands
- While the government has taken this decision, there are no checks to ensure that a false complainant woman does not go scot free
- Anticipatory Bail is given by the Sessions or High Courts, after verifying prima facie facts and being sure that the accused will not destroy any kind of evidence
- But to bring in a blanket rule denying anticipatory bail to anyone who is merely ‘accused‘ may have serious ramifications in the times to come
- UP Government must deliberate on this other side
Leave your thoughts below:
No Anticipatory Bail To Rape Accused Or Those Booked Under POCSO | UP Govt Passes Bill@myogiadityanath ji
Man backing out from marriage after consensual relationship, can be charged for rape by his disgruntled girlfriend
Govt needs to review this billhttps://t.co/IWTFbycfDs
— Voice For Men India (@voiceformenind) September 26, 2022
Exclusive | Interview with Senior Advocate Ashwani Dubey On Kapil Mishra’s PIL In Vishnu Tiwari False Rape Case
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