INTRODUCTION:
The term ‘rape’ includes sexual intercourse by a man with a woman against her consent or when the consent is out of coercion, or undue influence. Sexual intercourse when the woman is intoxicated or of an unsound mind and could not understand the nature of the act. Rape cases in India have been rising with the period of time. The allegation of rape may be easy but difficult to be proved.
Rape under Section 375 of the Indian Penal Code fails to provide protection to men or trans-genders. Men may have been trapped in such incidents for the purpose of revenge but the legislation chose silence to it. Every person has dignity, honour, and rights to protect. The section being solely woman oriented is a loophole in the legislation.
A False Accusation of Rape means a person who is arrested on the charge of rape when actually no rape has taken place. A report was submitted by the Delhi Commission of Women that more than 50% of rape cases filed were false. The National Crime Bureau submits a report saying that almost a quarter of cases registered of rape were false.
These cases were filed because the women claimed that the sexual intercourse was done on the false pretext of marriage. Most of the reports are fabricated with ulterior motives behind them. The ulterior motive could be to gain economic benefit, revenge or wish for attention or sympathy. It may include the false memories of rape called ‘Sexual Hallucinations’.
SOME INCIDENTS OF FALSE RAPE ACCUSATIONS:
Recently, a woman in Pryagraj of Uttar Pradesh claimed that she was raped by her husband. Later, the woman was charged with a fine of Rs. 10000 for registering a false case.
In Indore, a girl claimed to be gang raped by 5 people and later thrown on a railway track. However, it was discovered that she just wanted some money from the government.
A woman accused her daughter of being raped by her neighbour and police arrested the accused on the basis of the complaint filed by the woman. It was later discovered that the allegations were false and the woman was fined Rs. 20000 by Allahabad High Court.
In 2000 a case was filed by a woman claiming that she was sexually and physically assaulted by a man. It was testified by a woman’s husband and her father-in-law. After the man spent two decades of life rotting in jail it was discovered that the crime was never committed.
In Ghaziabad, a teenager accused her own father of rape. The father was arrested on the report and spent three years in jail during the trial going on. Later, the girl admitted at the complaint was filed at the instigation of her maternal uncle. The fine was levied on the maternal uncle of Rs. 50000.
A 52-year-old man was accused of raping a minor by the mother of the minor and spent two years in jail. Later, it was found that she does so because he was aware of her extramarital affair and would have told her husband.
TWO SIDES OF THE COIN:
A producer-actor of the Malayalam Industry claimed that when the victim can’t be presented to the public then why his? He believed that it was unfair to him though he was accused of sexual abuse ‘everyone is innocent until proven guilty’. It was also claimed that the large number of women file false rape cases against many people. There may or may not be a reason best known to them.
The data shows that the case of rape was mostly closed because ‘Cases are filed under the mistake of fact’. Whereas others are closed as ‘no evidence’ so overall about 10% of cases of rape are actually tried. It was further recorded that 99% cases of sexual violence were never recorded due to family pressure.
It is always the accused who lose everything in a case of false rape, his family and friends and reputation in society. One should not file a false rape case with the mere objective of settling the previous score. The False allegation only to force the accused to submit to the demands of the complainant is pathetic. Police disposed of about 40% of the cases in three years the reason being false rape cases. The party chose to file a case without having any sensitivity about the seriousness of the offence. The cases are just frivolous and no action shall be taken with regard to cases that are filed to settle the personal score.
CONCLUSION:
The allegation is itself sufficient enough to ruin one person’s life. Rape cases are awful incidents of one’s life and it takes everything of women to just speak about it. But no matter what they should not be filed on false claims as it’s a question of not only victims but also the one whom they are accusing. Cases may or may not be false but it’s people only who file the true and false cases themselves. So before taking a such step they must make sure they are accusing the right person and for the right cause. Cases shall be dealt with iron-handed and the consequence shall be faced by the wrongdoers. When a statement like ‘He has raped me’ make sure you have sufficient evidence to proof the same. In literal sense, if we talk about the incident without the proof, it would only end up pressuring the victim about the case. In the whole process who have something to lose is victim even if you talk without evidence. There is no point at the end of the day it’s the accused who get to enjoy the life.
Also read – https://groundreport.in/false-rape-cases-in-india-8-times-when-women-falsely-accused-men/
