The discrimination against men and women has been prevalent in society since ancient times. Women were treated inhumanely and exploited by men. This constant abuse of women by the men called for the need of a revolutionary movement ‘feminism’. The feminists have constantly persuaded to bring equality for women. It was the result of their struggle that led to the recognition of the rights for women and making them subject to equal treatment. The judicial system also over the years recognized the need for the special rights for women in order to give them better justice. These laws have proven to be of utmost significance to give relief to women against sexual offence. There are many sections under in the Indian Penal Code 1860 (IPC) which provide immunity to women against sexual offences such as section 375(deals with rape), Section 354 (A) for sexual harassment and punishment for sexual harassment, section 354(B)- Assault or use of criminal force to woman with intent to disrobe, Section 354(C)- tackles voyeurism, Section 354(D)- offence of stalking, Section 498(A)- cruelty against women, Section 304(B)- dowry death. Unfortunately, in the present times these laws are being exploited by women (either intentionally or unintentionally) to falsely accuse the men. These sections which were originally framed to give immunity to women and punish the offenders are now being used as a tool to frame innocent men in fake cases of sexual offences. And such allegation being serious in nature destroys the dignity and social status of the accused. This paper explores the various sections which are misused by women to accuse the innocent in false cases, the impacts of such allegation on the falsely accused, this paper will also try to find feasible solution to give relief to the innocent who has been falsely charged under such sections.
Keywords
Feminism, Indian Penal Code 1860, Voyeurism, Assault, stalking.
Introduction
Sexual offences against women are one of the most heinous crimes in the society. It is very unfortunate that everyday many women have to go through these terrible experiences which live a mark on their life. These offences were the reason behind introducing various new sections in IPC to safeguard the modesty of women. Due to introduction of such section, there was a fall in the number of sexual assault against women and they felt safer than before. Over the year these sections gained more powers and the punishment of such grave offences had been serious since the very beginning.
It cannot be argued that these laws were much needed to safeguard the women of the country and also to instill a sense of terror in the minds of such offenders. Unfortunately, in recent years these sections have turned into a bloody weapon used by women to falsely accuse innocent men of sexual offences and get their social respect and position tarnished. There has been a sharp rise in the number of fake sexual cases against men in the recent year. These false allegations are made by women for many different purposes, of which the most common reasons are, revenge, with the intent of destroying the social respect of the accused, sympathy, and to blackmail. The act of falsely accusing a person of such offences is done in order to get money extorted from him or to make him do an act which he otherwise would have not done. The most recent and popular incident of blackmailing was of Pankaj Savani, who fell victim to a honey trap and the woman filed an FIR against him after he did not pay Rs 10 lakh. Often such complaints are lodged by the relatives of the women in order to intimidate the person. The instances of the woman’s family filing rape cases or false dowry cases against the man with whom she had eloped are also very common.
The punishment under the offences such as rape and other women related crimes are very serious and strict in nature. These acts against women completely distort their lives and have a deep impact on their psychological condition. Thus, it can’t be denied that keeping in mind the seriousness of such acts it is very important that the offenders must be punished in the most severe manner. The minimum punishment for rape under section 376 is rigorous imprisonment of minimum 10 years which could be even extend to life imprisonment along with fine. As it is evident that the punishment under such a section is very strict but despite that it is very easy for women to falsely frame innocent men of sexual offences and get their life destroyed. The seriousness of such an allegation leads to the destruction of the lives of the accused as well as their families. When someone is falsely accused of such acts it tarnishes their self-respect, destroys their professional life, make them fall into depression and also leads to suicides. Often just like rape victims, the falsely accused of rape also face Post Traumatic Stress Disorders (PTSD) due to the various humilities the have to go through during the trials. In response to such powerful defenses given to women which are often misused by them, no such practical relief is given to men. They can claim the relief under section 211of Indian Penal Code which does not deal specifically with the false rape cases rather deals with “False charge of offense made with intent to injure”, under this section there is a punishment of maximum period of 2 years along with fine. The maximum punishment of such fake allegations which can destroy the life of the accused is lesser than the minimum punishment that the accused might have to go through if falsely framed. And often the court does not punish the false victim as it would lead to a decrease in actual number of cases, as it will instill in the minds of victims. But this reason cannot be an excuse to let the lives of the innocent get distorted in the hands of such laws. Thus, seeing the gravity of the matter and the consequences one has to go through when falsely framed of such offences there is a need to form serious laws which will not only give relief to the innocent but at the same time give strict punishment to such false accusers who not only have wicked intentions but also wastes the valuable time of the courts. Also, it is high time for the judicial system to understand that sexual offences are not only restricted to women and even people of other gender can also be victims of such heinous crime. There is a need to make laws against sexual offences wider and must accommodate other genders also inside its horizon.
Research Methodology
This research paper uses both empirical as well as doctrinal approach for the purpose of data collection. For the collection of personalized opinion and changes that the people feel are needed the empirical approach is adopted. The facts and cases are quoted by the means of doctrinal approach in which various research papers, judgements of supreme court and government websites are referred.
Review of Literature
The debate of whether someone is a true sex offender or not, or is it justified to give someone such strict punishment just based on mere allegation is a controversial topic in India. There is undoubtedly a need for such severe action against men who commit such heinous crimes. But there is also a need to for the judiciary to recognize that the shields which were provided to women against offences are now being used by them as a weapon to frame innocent men in false allegations. Desikan GV in his research paper on “False accusation and men- Pillored innocence”, expresses his concern about the ever-increasing false allegations against men. He also brings the fact that false allegations can be made against anyone under any crime, but the serious onces such as that of sexual offences leads to more serious repercussions. In that paper there is also mention of various sections of IPC that are arm-twisted to falsely accuse an innocent man. There is also mention of many examples in which innocent people were falsely accused, although most of them were later acquitted by the court but it was only after they had spent a certain period in jail during their trials. In another research paper by S Udayshree on ‘Repercussions of Fake Rape Cases’ she has in depth discussed the negative effects of false rape cases on an innocent man. In that paper various psychological reasons of such allegations are also discussed. The writer has also discussed the various remedies which are provided to the one who has been falsely alleged of such heinous crimes. Both the articles also evaluate the data presented by NCRB regarding the number of false rape cases that were brought to the court but were later disposed off declaring the falsely accused as innocent. Paper also expresses its concern regarding the nature and leniency of punishment of serious offence such as false rape allegations. A research paper ‘Case Study on False Rape Allegations in India’ precisely defines what exactly is a rape. It also discussed the various effect of such false allegation on the falsely accused such as suicides, mental effect, loss of dignity. There is also mention of various rulings of supreme court of India along with many popular cases of false allegations which were also in limelight. At the end it many remedies against such acts is also mentioned by the author along with certain case laws. The research paper on ‘False rape allegations against men in India’ by Shehryar Edibam discusses the effect of false allegation from the financial perspective also and raises the point that how people who are accused of such fake allegations become unqualified for applying for government offices and in that he also discusses the repercussions of such false cases not only on an individual but also on the whole of the society. The paper also put light on the role of medical services in providing relief to the falsely accused person and along with that many defenses that are provided to the victim of such false allegations are also discussed along with their shortcomings.
Sexual Offences
Sexual offenses, according to the law, encompass a wide range of crimes involving sexual intercourse or other sexual acts. These offenses include rape, assault by penetration, sexual assault, coercion, human sex trafficking, child sexual abuse, grooming, and various other acts that exploit individuals for sexual purposes. The legal definition of rape involves the intentional use of force to penetrate another person’s vagina, mouth, or anus without consent. Sexual assault, on the other hand, refers to any intentional sexual touching without consent, using any body part or object. Assault by penetration involves intentionally penetrating another person’s vagina or anus with any body part in a sexual manner. To protect women against such acts of sexual abuse various sections were introduced under Indian Penal Code. These laws of sexual offences only consider women as the victim while men and people of other gender do not have any such immunity to protect themselves from sexual exploitation. In the modern era it is high time for courts to recognize that other genders can also be prey of such offences and the immunity must be given to every individual irrespective of gender.
One major incident is of #MeToo movement which was initiated with a good cause to provide relief to those women who were sexually exploited but in the later stage this movement also turned into a deadly tool by some of the wicked women. In the light of the movement, they used false allegations to book their employers or fellows in various false cases of sexual abuse with the intention of extorting money from them. This induced a feeling in the minds of male employees with regards to their female counterparts. They became hesitant to meet them alone and also it led to a ditch between the male and female employees.
According to National Crime Records Bureau (NCRB) 74% of the cases which were filed under 376 under the offence of crime turned out to be fake. There are many reasons for which men become the victims of such false allegations. The intent of such allegations can be both intentional as well as unintentional. Intentional causes include falsely accusing a person to get extortion money as in various honeytrap cases, to destroy the dignity of the man due to personal vengeance, sometimes such acts are also derived by the motive of political power, seek attention in media or to defame someone. Sometimes such allegations are also made in order to overcome guilt or sorrow after consensual sex. Apart from these voluntary causes it might also be because of some underlying mental disorders or other medical causes. “Pseudologia Phantastica”, is a psychological condition in which a woman believes that she has been raped or sexually assaulted although it never happened. Sexual hallucinations or pathologic lying are also among such psychological causes. Mostly the claim of such sexual assaults is also made by parents of the girl when they find out that she is involved in consensual sexual activity. Also, sometimes such allegations are made to avail abortions by the females as it is banned under MTP act.
Such allegations have a deep impact on the lives of those who are falsely accused and this completely destroys the families of innocent men. There are many reporting of the case where those were falsely accused for rape have committed suicides. It is very easy for women to falsely accuse a man of sexual offences, and the society and system is prejudiced and favors the woman. A man who is accused of such offences is already labelled as a culprit even before the decision of the courts. Often the hardship of the man is not over even after being acquitted by the court as they still be seen as a criminal in the eyes of the society. Also, sexual offences being non-bailable offence the convicts mostly have to spend many years in prison till the trial is over. When these innocent people move back into society it is still very tough to rehabilitate in that environment as there is still some level of hesitation in the minds of people and for them, he still is an offender.
Such instances of false allegations against men not only impact their own personal lives but it also impacts the society. From the survivor’s perspective, such false cases leave a dilemma in the minds of the people which leads to undermining of the credibility of the actual survivors. These cases also put undue burden on the judicial system to separate genuine cases from false allegations. As in the #MeeToo movement such instances create an environment of suspicion and enmity among the genders.
Also, only women are given rights against sexual offences and the people of other gender are either neglected or perceived only as offenders and not as victims. In Indian Penal Code many Sections such as section 375, Section 354 (A), section 354(B, Section 354(C)- tackles voyeurism, Section 354(D), Section 498(A)-, Section 304(B) have serious punishment for the offenders. Most of the sexual offences are non-bailable and there is minimum punishment under 376 is 20 years and can be extended to life imprisonment and under section 375 which is for rape minimum punishment is of 7 years which can be extended till life imprisonment along with fine. But there is no specific law against someone who falsely alleges a man of sexual offences. There is a general section 211 of India Penal Code which does not deal specifically with the false rape cases rather deals with “False charge of offense made with intent to injure”, under this section there is a punishment of maximum period of 2 years or fine or both. This is clearly not a sufficient level of punishment for someone who has falsely accused someone of such heinous crime. Even the minimum punishment for which the innocent man is falsely accused is many times more than the maximum punishment for false accusation.
Thus, there is an urgent need for a reform in the legal system of our country to put a halt on such incidences of fake sexual offence cases against innocent man as it not only affects the life of accuse but also compromised the credibility of the legal system of the country. New sections need to be introduced against such serious crimes of false accusation. And, there is a need to make such cases more confidential till they are decided, this would prevent the image of both the parties from getting tarnished. Media also plays a major role in declaring an innocent man a sex offender even before the court decision, this media trial must also be stopped with the help of specific legislations which would help curb such immoral acts by media. While there is a need to introduce new laws relating to fake sex offence allegations on innocent man there is also need to increase punishment in pre existing laws such as section 211 as it would make such fake accusers rethink before making such false allegations. On moral grounds there is a need to bring awareness in the society that not every person who has gone through such trials is a criminal and they need to be sensitive towards innocent men.
False Rape Cases
- In Gurugram case, a 20-year-old English Honors student at Delhi University was arrested for falsely accusing seven men of rape. She ran a syndicate that extorted money by filing fake rape cases against different men. This incident sheds light on the serious repercussions of false accusations and the legal actions taken against the woman for fabricating rape charges
- After being falsely accused of rape by his own daughter, a father spent three years in jail before being acquitted. The false charge was induced by the daughter’s uncle. Subsequently, the minor girl admitted to filing the false rape charge against her father under the influence of her lover. The father’s innocence was established, leading to his acquittal. In a just turn of events, the uncle who influenced the false accusation was sentenced to one month in prison and fined Rs. 50,000. As a form of compensation, the father was awarded 50% of the fine amount. This case highlights the complexities and consequences of false accusations, shedding light on the importance of thorough investigation and fair legal proceedings to ensure justice is served.
- The 52-year-old man accused of raping minors in Mumbai was acquitted by the court after it was revealed that the woman, fearing the accused might inform her husband about their illicit relationship, used her minor daughters to falsely accuse him under the POCSO Act. The man spent two years in prison before the truth came to light, leading to his acquittal.
- Ayushi Bhatia Serial False Rape Case – Popularly referred to as Ayushi Bhatia honey trapping scam, a 22 years old Delhi student confessed to her crime of accusing men of bogus sexual assault for extorting money. The recurring pattern of crime was identified. The girl used to meet people on dating apps, gyms, clubs, social media etc. Then call them for an in-person meeting, indulge in consensual intercourse followed by intimidation of a complaint of sexual violence until they succumb to her demands
Conclusion
The misuse of laws intended to protect women from sexual offenses has led to a concerning trend of false accusations against men. While these legal provisions were crucial in addressing gender-based violence, they are now being weaponized, causing irreparable harm to the falsely accused. False allegations, driven by motives like revenge, extortion, or attention-seeking, have far-reaching consequences, including tarnishing reputations, impacting mental well-being, and even prompting suicides.
Despite stringent punishments for sexual offenses, the lack of adequate safeguards for the falsely accused highlights a critical gap in the legal system. Men, as potential victims, also require protection under gender-neutral laws. The need for comprehensive legislation that addresses false accusations and ensures justice for all individuals, regardless of gender, is paramount.
In conclusion, the call for gender-neutral laws, practical solutions to support the innocent, and accountability for those making false accusations is urgent. It is essential to reform the legal system to prevent the misuse of laws meant to protect individuals and uphold justice for all in society. Awareness, sensitivity, and legal reforms are crucial steps towards ensuring a fair and equitable legal framework that safeguards the rights and dignity of all individuals.
Prakhar Kulshrestha
Lloyd Law College