MISUSE OF RIGHTS – THE THRESHOLD OF FAKE RAPE CASES IN INDIA
Section 375, of Indian Penal Code, by the virtue of our learned legislature, defines one of the most
heinous crimes committed against women i.e., rape. The definition after being expanded in the year
2013, considered “rape” as a sexual offence committed against the feminine gender, involving sexual
penetration, into the mouth or any reproductive organ, without the consent of the victim. This
unabashed criminal offence may be committed by the use of physical force, coercion or the abuse of
authority against the person who is either helpless, unable to give a valid consent, i.e., intoxicated or
under the legal age of consent.
The definition as proposed sounds legit, right? However, in reality, there are myriad cases where the
masculinity of the person goes in vain, and he, finds himself helpless and drowning in this impudent
swamp. There have been innumerous accusations of false rape by the former girlfriends, amour and
partners, who want to seek revenge because the man moved or promise her of marriage or by any
modus wants to seek monetary compensation.
There are instances where a false rape case is filed months, and even years after the break-up. Most of
the times, the cops and the lawyers know that it is a fake rape case, but they still file the FIR because
they have to maintain a certain protocol to protect women at any cost. Of course, it is great to have such
“pro-women” laws in our country, but there are some vindictive women who misuse these laws to settle
personal scores with their ex-lovers.
The rape law is such that a mere statement from a woman is enough to put the accused behind bars.
The investigation is done at a later stage. Many women fabricate their FIR by saying things like “he
verbally promised to marry me” and destroy or provide half evidence to make it a “long fight.”
In the meanwhile, these women openly rant about their intent or play the victim on social media
platforms like Twitter and Facebook. They harass the family and the associates of the falsely accused.
Recent statistics show that “53.2% of the rape cases filed between April 2013 and July 2014 in the
capital were found false” – Source, The Delhi Commission of Women (DCW).
Eventually, the accused of such false allegations gets acquitted, but after going through hell. The
repercussions are not only on their career, family and social life, but also on their mental and financial
state. Most of the times, men can’t fight back during or after the trials, as it can be seen as harassment
which can prolong their case or send them back to jail.
These rape cases are not just affecting the opposite sex, but are also skewing up the crime rate of our
country. It is possible that the disturbing rise in these false cases can lead to a point where people stop
taking the real victims seriously. This beats the whole purpose of such a “pro-women” law. Women who
misuse such laws are indirectly a huge threat to the other women of our country. Therefore, it is
necessary to prosecute such women. The fear of going to jail will demotivate women from filing fake
rape cases.
