Fake Rape Allegations

They say you’re innocent until proven guilty

What about when a man is harassed? A man is considered, treated, abused, harassed and many a time tortured by law, police, media and society as ‘guilty’ until he proves his innocence. But one forgets the reputation of a man, who is not as bad as projected-

  1. Are men not vulnerable?
  2. Do they not face discrimination?
  3. Can they not be victims?

The Impact is they lose their Jobs, Family, Reputation and Social life before they are convicted, and even it affects them mentally. This is the cruelest abuse they face before they are punished or acquitted.

Forget about men, A 17 year old boy from Gurgaon, committed suicide on 8th May 2020 because of fake rape allegations made by her friend on social media and after such post he received a lot of backslash, threatening calls and he couldn’t handle the pressure and he committed suicide.

If he is guilty, he will be convicted. It is of course upon the court to decide whether he is guilty or not the society, in fact should be punished with the grave punishment so that anyone who intends to commit such crime really think before committing such grave offence.

What if he is found innocent?
Will the society accept him just like the way it used to? Or will he be treated the same way he
used to be in the real life? And what does the society really do? Nothing! Who gives him back
the dignity and reputation he lost? No one!

Misuse of Law’s
The law’s made for women are made to protect womanhood but certain section it are using it as an opportunity to seek revenges. Cases are filed after months and years just for the sake of Revenge. Even the cops are helpless because they have to file the First Information Report, even if they know that the case is for Revenge and not the real one still they are duty bound to file FIR.

Judgement’s for fake rape allegations
However, There are instances where the courts have punished the petitioner for filling fake allegations. In the case of Gaurav Maggo vs The State Of NCT, Delhi delivered on 29 May, 2015 by the High Court of Delhi held that “Prosecutrix fails to establish promise to marry. Physical relations with consensual. Appellants conduct is unfair/unreasonable but not amounting to Rape”. In another instance on 23rd of May 2018, a woman in Gwalior, Madhya Pradesh got a three-year jail sentence and was asked to pay Rs 1000 fine for falsely accusing a man of rape. In another case the Delhi High Court imposed Rs 50,000 cost on woman for filing false sexual harassment plea in July 2019.

What the Stats reveal?
53.2 per cent rape cases filed between April 2013-July 2014 in the nation’s capital were false, says Delhi Commission of Women. The report says that between April 2013 and July 2014, of the 2,753 complaints of rape, only 1,287 cases were found to be true, and the remaining 1,464 cases were found to be false. As per a National Crime Records Bureau, a total of 38,947 rape cases were reported in India in 2016. In 10,068 cases about a quarter of the women claimed it was rape on the false promise of marriage.

What do we need?
There should be tough legal penalties for women who make false claims. The fear of going to jail will demotivate women from filing fake rape cases. Gender Neutral Law where there are same procedures, punishments and seriousness of case for both Men and Women. To hide the identity of the accused until the courts give their verdict or until they are proven guilty. Limitation period for filling such cases. Law’s to protect the men who are falsely accused. Restrictions on filling of FIR when limitation period has expired, or when matter is related to relationship of both the parties. Restricting misuse of the laws which are provided to the women for their protection. (Dowry Act, Section 498A under IPC, Domestic Violence Act.)

When we expect Equal Rights and Opportunities for Men & Women, We should even expect Equal Punishment for Men & Women. How long are we going to be gender biased?

– Darshil Chetan Radha Pandya

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