The great philosopher Ali-ibn-Abi Talib once said, “Be respectful to women for they are the mothers of mankind.” Ali also said, “Woman is a delicate creature with strong emotions, who has been created by Almighty God to shoulder responsibility for educating society and moving toward perfection. God created women as a symbol of His beauty and to give solace to her partner and family.”
In recent years, India has witnessed remarkable and praiseworthy phenomenon viz. the meteoric rise of women empowerment in socio-economic status and varied fields of career, ranging from business, administration, medicine, science, technology, politics and education sectors, breaking barriers, shattering stereotypes and taking giant strides in traditionally male-dominated fields, such as armed forces, paramilitary forces and police, highlighting the strength, resilience and competence. The feminist movements in India played an important role in ensuring women’s rights which were guaranteed in the Constitution.
However, the flip side of such movements is that the over-enthusiastic women activists and particularly Non-Government Organisations (NGOs) started mushrooming as pressure groups, compelled the government to make stringent laws after laws to protect women without striking a balance. In the result , the government under pressure of these pressure groups devised innumerable gender-specific laws, which proved to be anti-men and are viewed oppressive, discriminatory, arbitrary and unconstitutional, having the potential to devastating misuse by women as peer pressure and at the behest of their activists.
The main misuse is by leveling false accusations of dowry, domestic violence, rape and molestations. According to the figures from National Crime Records Bureau’s Crime in India Report, 2020, less than 8% of all cases under investigation for rape, were found to be false. In many cases, the case may fall because rape cases are quite often filed by disapproving parents of an eloped couple.
After the infamous 2012, Delhi gang rape of a student in a bus, the number of rape cases reported to police in India rose sharply. According to one survey in Delhi, in 2023-24, more than half of these complaints were ‘false’, fuelling claims by male activists that women are alleging rape in order to extort money from men or settling disputes, rivalry or enemity.
In modern day society, premarital sex has become quite common. Many young girls make boy friends, may even live together, indulge in consensual sex. Hardly an anomaly but the problem arise when relationship ends, particularly on reason of boy’s not agreeing to marriage and the girl makes accusations of rape. Is that a rape?
In an Order on November 17, 2023, a Delhi Court of Learned Additional Sessions Judge Susheel Bala Dagar fined a woman of Rupees One lakh for falsely alleging sexual assault against her five-year old daughter. The judge said, it was clear that she made a false complaint in a fit of anger, accusing some persons against her daughter under Section 5 (aggravated penetrative sexual assault of the POCSO Act). This false information was given to extort property from the accused, said the Court in it’s Order.
Although, there are widely varying estimates of the prevalence of false accusations of rape but according to a 2013 book on forensic victimology, very few scientific studies have been conducted. According to the figures from Crime in India Report 2020, less than 8% of all cases under investigation for rape were found to be false. An investigation by Rukmini S in The Hindu in 2014, had looked at nearly 600 rape cases recorded in Delhi and found that the largest proportion of the cases were those involving eloped couples viz. the consenting couples. In 174 of 189 such cases, after the couples had eloped, usually the girls’ parents, who in most cases were between 15 and 18 years of age, filed a police complaint alleging that she was kidnapped and raped. Then there are cases of false accusations of rape by women for extracting money from rich men, settling property disputes, etc.
The same situation is with dowry and domestic violence cases. The offense of cruelty under Section 498-A of IPC is non-compoundable and non-bailable. This means a mere complaint results in a mandatory arrest, and then it is the matter of discretion of the Court to give or refuse bail. In Arnesh Kumar Vs State of Bihar, Supreme Court ordered the police “not to automatically arrest” an accused, but to go through a “nine point checklist” to “satisfy themselves about the necessity for arrest”.The Court also ruled that in cases where arrests are made, a magistrate must approve further detention of the accused.
The constitutional validity of Section 2 (q) of the Protection of Women from Domestic Violence Act, 2005, was challenged in the Supreme Court in the case of Hiral P Harsora and Ors Vs Kusum Narothamdas Harsora & Ors (Criminal Appeal no. 10084 of 2016), 10 SCC 165; wherein the Court widened the scope of a provision of law that was seen as biased in favour of the son’s wife. The Court struck down a portion of Section 2 (a) of the Act, defining “aggrieved person” on the ground that it is violative of Article 14 of the Constitution and as such phrase, “adult male” as appearing in Section 2 (q) of the Act being rendered Otiose, also stands deleted. Now a complaint of domestic violence can be made against any person, who is or has been in a domestic relationship with the aggrieved person.
Senior Advocate Mahalakshmi Pavani, President of the Supreme Court Women Lawyers Association said, “Sexual harassment and rape laws are crucial in protecting individuals from harm and ensuring justice for victims. However, there have been instances where these laws have been misused, causing undue distress to innocent individuals. Recently, owing to such shocking practice, cases of false accusations of rape were lodged by families involving eloped couples and specifically by some women who want to arm-twist and extract money from rich men, for settling personal scores, seeking revenge, due to property disputes, for harassing in-laws in dowry and domestic violence cases and for many such reasons.”
“Misuse of sexual harassment and rape laws can have severe consequences, leading to tarnished reputations, damaged relationships, and legal repercussions for the falsely accused. While it is crucial to protect the rights of victims, it is equally important to prevent false accusations from undermining the integrity of the legal system. We need some serious protocols in order to safeguard against false claims in sexual harassment and rape cases in India.”
Mahalakshmi further said, “I, myself have come across cases of rape, where either in a consensual relationship or in co-habitation for a long time, there is a disagreement and the woman cries rape for the sake of preserving her honour and dignity. There are instances where a secret affair is going on, people get to know of it, and to come out of the ignominy of it, she cries rape”. What I feel strongly is that when a man is accused of rape, he gets arrested, and newspapers carry it on the front page, but when there is an acquittal, it is not carried in the same terrible way, as his entire career, life, reputation is tarnished and dignity suffers for the rest of his life along with the dignity and respect of women closely associated with him like his own mother, sister, daughter, grandmother, etc.”
“Some of the onus even goes to the ruthless and inconsiderate attitude of the police and investigating agencies as well in their conduct and operations against the accused man. They arrest the alleged accused, morally assassinate him for committing such a heinous crime, drag him into the mud, and let him lie there before even the judicial trial declares him as the convict, which takes long years of their precious life and irreparable loss already happens by that time. The norm is an accused is innocent till proven guilty but here the accused is guilty and has to prove his innocence.”
“Keeping in mind the fact that earlier, a woman would hardly ever go to the police station and make a complaint because she would have to live with a very inglorious and painful period of her life. She would have to repeat her experience to many police officers, give her testimony in Court, and be subjected to humiliation. This was the reason why parliamentarians thought that the law needs to be slightly tilted in favour of the woman, but unfortunately with utmost pain for the suffering men I must admit that rape laws are being misused today.”
“What I suggest here is that if it’s legally necessary to give anonymity to the victim of rape, why not extend it to the accused as well. I believe the time has come when such an issue deserves to be brought to the notice of the Legislative authorities to regain the imbalance caused by the tilted rape provisions in favour of women. Although the incorporation of stringent laws and stricter punishments are important to deter people from committing such crimes, in cases where a woman falsely alleges rape charge against a man, even she must be punished so that it doesn’t become so easy for women to play around with the lives of innocent men who didn’t commit any crime against her. At this juncture, I would like to suggest that the Court should penalize the woman if she is found guilty of foisting a false case.”
In April, 2022, retired Justice of the Supreme Court B.N. Srikrishna while addressing the gathering at the screening of the documentary film India’s Sons, directed by Deepika Narayan Bhardwaj & Neeraj Kumar, which showcased the stories of some innocent men falsely accused of rape & later acquitted, he spoke about the low conviction rate in rape cases and said, “There is no doubt that rape laws are being misused in the country.”
He further stated that: “It is time that rape cases be looked at in a very objective manner. We need to question — whether the woman was subjected to cruelty and atrocities. Otherwise, in the general course of things, the accused is presumed to be innocent unless proven guilty should apply. However, in rape cases, whatever the woman says is treated as the gospel truth. But that is not the intention of the law. It is not the way to empower women.”
“Similarly, in false dowry demand cases, in the landmark case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, the Supreme Court of India had laid down guidelines to prevent the automatic arrest of the accused in dowry harassment cases. The Court emphasized the need for the police to satisfy themselves about the necessity of arrest in such cases and cautioned against the mechanical arrest of the accused.”
“Another recent case Rajesh Sharma v. State of UP (2018) 10 SCC 472, reiterated the importance of preventing the misuse of Section 498A of the Indian Penal Code, which deals with cruelty against married women. The Court highlighted the need for family welfare committees to examine the veracity of complaints before making arrests, ensuring that innocent individuals are not unfairly targeted. There are further many issues that must be addressed such as:-
Breaking the cycle of abuse will require concerted collaboration and action between governmental and non-governmental actors including educators, health-care authorities, legislators, the judiciary, and the mass media.”
When asked whether Online pornography is responsible for the increasing occurrences of rape especially by minors, who mostly have pornographic content available in their mobiles and the government appears to be in no mood to control it for obvious reasons. A case in the Supreme Court has also been pending for years, Mahalakshmi said, “When we read news about rape daily, we need to connect the dots, comprehend and understand that there has to be a nexus between Online pornography and rising instances of rape in India which does get directly impacted by the kind of governmental response, speedy remedial action undertaken and media attention garnered by that particular instance of serious rape allegations.”
“The proliferation of the internet and the widespread availability of smartphones have led to unprecedented access to Online content, including pornography. In recent years, concerns have been raised about the potential link between the consumption of Online pornography and the increasing occurrences of rape, particularly involving minors, in India. Several attempts have been previously made by many scholars and intellectuals to critically examine this relationship, explore reasons behind the government’s apparent reluctance to control Online pornography, and have a lookout to handle this sensitive issue wisely and maturely or incorporate some measures to mitigate this problem.
The connection between Online pornography and sexual violence or rape is a complex and debatable topic. Although some may argue that exposure to explicit content may desensitize individuals to violence and contribute to deviant behaviour, others contend that there is insufficient empirical evidence to establish direct causation. I believe that minor innocent minds get ruined and distracted by watching such content which leads to experimental and bizarre tendencies within such young individuals to indulge in sexual activities even before their body or mind is completely ready and that’s where the crime begins. This circulation of adult sites must completely stop for the sake of the healthy and progressive future of this country, such minor children shouldn’t get exposed to such content Online.
In the landmark case of Kamlesh Vaswani v. Union of India, (2016) 7 SCC 592, the petitioner sought a ban on child pornography websites hosting explicit content, arguing that unrestricted access to such material posed a threat to societal morality and children cannot be made prey to such painful experiences. The Supreme Court of India, while recognizing the importance of addressing this issue, emphasized the need for a balanced approach, ordered the Central Government to block certain websites and recommended the use of technological solutions to restrict access without infringing on individual freedom. I had the opportunity to address the Court and sought a ban on watching Online pornography in public spaces. Since the sites are free and accessible to even the illiterate men on the street like cleaners of lorries, drivers, and rickshaw pullers which is not good as these men become beasts and lack good morals. In the result of Online pornography, sexual violence is spreading like moral cancer.”
Learned Advocate Amarjit Singh Chandhiok said, “There can never be a foolproof system especially when the systems and situations like the present are prevalent. However, in the prevailing scenario, most of the time, notwithstanding a petition for habeas corpus by the parents, the Hon’ble Court gives direction for production of the girl by the police. The Hon’ble Court then goes to ascertain whether the girl was kidnapped, or she went on her own. The Court then decides whether to send the girl with her parents or with the boy. As reported that out of the 189 cases of eloping couples, in 174 cases the girls’ parents filed police complaints alleging that the girls were kidnapped and raped. These 174 numbers must be including the girls who had willingly eloped for various reasons. There is another set of cases where the couples had eloped especially belonging to different communities, the apprehension being that they will not be accepted by their parents and they will be harmed physically. This kind of ‘eloping couples’ ought to be treated separately and to my mind, they should be protected as per law. The legislature must look into this and make adequate provisions in law. Pending consideration by the legislature, the Hon’ble Supreme Court had made out guidelines where the State or the parents can intervene or should intervene, especially where they are satisfied that there has been a relationship between the girl and the boy, and they are happy to live together. Here also, the legislature needs to examine and make necessary provisions in law. False accusations, of course, will have to face trial and punishment. But no mechanism can be there to prevent or prohibit that.”
Chandhiok further said,”Coming to the impact of Online pornography, it is certainly responsible for the increasing occurrences of rape especially by minors or young youth. I think for you, as a lawyer and associate editor of a magazine, it would be appropriate to seek intervention in the cases pending before the Hon’ble Supreme Court so that they get decided fast. Online pornography should be stopped and/or sites are made not available to minors. The app which allows such Online pornography must be held responsible and it would be appropriate for the Hon’ble Supreme Court to lay down guidelines till the law is amended. Another aspect is education from home and school and children should be made to understand that they should not, in any case, turn to such habits. Enough time should be devoted by parents and grandparents to children to instill in them strong character and a sense of righteousness.
Leading Supreme Court advocate K.C.Kaushik said,
“By making gender- biased laws, you are extending too much prestige and liberty to one gender at the cost of the other gender. Unless you treat both the genders at par, you are violating the rights of the other gender.”
Kaushik pointed out, “The Hon’ble apex court has unfortunately struck down Section 497 of IPC, thereby killing the sanctity of age-old pious institution of marriage. As of now, a married woman is fearless to indulge in an extramarital relationship of her choice. Adultery is a very serious matter as it impacts paternity. It’s not only a nightmare for an Indian man but equally damaging for the psyche of a man living in the permissive society. Many a time, the detection of wife’s sexual activity outside marriage results in brutal murder of the wife. Newspapers are flooded with such dreaded news.”
Renowned advocate Navin Jaggi said, “As a law reform exercise, the State adopted the methodology based on impulses rather than sound legal propositions and deliberations. These all are the emotional insertions.
Jaggi further said, “The ambiguous phraseology used in the criminal laws reflect their want for precision. On perusal of Criminal Amendment Act, 2013, one can notice the worrisome aspect of the Amendment, that it obliterated the distinction between rape simpliciter and aggravated form of rape.
Ritwik Bisaria, men’s rights activist said, As of today when women are self-determinant and empowered legally, socially, economically as well as sexually, at par with their male counterparts, then from the principle of reasonableness, there is no point of making gender-specific laws. Such laws are in violation of Article 13, 14, 15,21 of the Constitution, which impart the fundamental rights to all citizens against being discriminated against based on gender. Gender-specific laws have been designed as ‘Anti-Male’, for the appeasement of feminine organizations and they do not consider females as perpetrators of these crimes. States can not deny any person ‘equality, equal protection of law and personal liberty’.
Bisaria also pointed out that in reported rape cases, woman’s name is kept confidential while man’s name is tarnished without completion of trial. He further said that after the actor-producer Vijay Babu was accused of sexual abuse by a young actor in the Malayalam film industry, he named her in Facebook live video, in violation of the law. Vijay Babu argued: it wasn’t fair that his name was out in the media when hers was kept hidden. Is that not gender bias?
