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False Victimization of Rape Case

False Victimization of Rape Case

False accusation of a rape case is an indication of reporting a false rape when no such rape has even occurred. However, due to this the actual ratio or number of rape cases reported remains in question. The false allegation is filed in the police stations or is made to the head department/sexual harassment committee of schools, colleges, and the HR team/sexual harassment committee of cooperating sectors hence, it is estimated that they are 2% to 10% false allegation that is why the accurate percentage of is not calculated.

After the infamous 2012 gang rape of a student on a bus in Delhi, the range of rape cases reported to police in India rose sharply. But one survey concluded that in Delhi, in 2013-14, greater than half of the filed reports have been “false” fuelling claims with the aid of male activists that girls are alleging a rape that allows you to extort cash from men.

Causes

There are 2 categorically ways in which the attempt of rape comes out how it has occurred:

  1. Non-delegation deception: Here the ‘recovered memory therapy’ method is present i.e when the alleged accused have no clear memory of the rape attempted on her but she has accumulated the memory while she was at the sessions and relevant evidence is absent.

Hence, the Presence of actual rape, if it has happened, is missing.

  1. Lies: The victim may have several motives to falsely say they have been raped because they have stated into a disagreement with the opposite gender. Such as in the ways of; Revenge, to get attention/sympathy, and by producing an alibi.

The Spectre of False Victimization on Rising  

False cases are in huge numbers in such cases, many a times the false cases are filed by the girl’s parents due to the fear of the society, and the false accusation is been made to cover the ‘shame’ of an unmarried daughter who had a physical relationship, they are haunted that the family will be dishonor in the name of their daughter’s name came out. Per se for them saying that their daughter was raped is preferable to people than saying or accepting she has a love affair or a physical relationship.

Police have found 2,875 cases in 2018 to be false while there was insufficient evidence in 1,093 cases to proceed. Police also filed charge sheets in 28,469 cases. Hence, “This allegation is important because it is necessary to show that consent was not given, to protect the girl’s reputation and the dishonor of the family”.

The Notion of Consensual Sex Constitute Into Rape

In this particular notion, it constitutes that if a man revokes or deny on a promise to get married is not in the penal code provision. But as a consequence, men can be charged with rape if he falsely has intercourse in the sake of promising the girl to marry her. In such cases, the only solace left for a man who has been falsely accused in that many of these related cases is thrown out of the court.

The Supreme Court case related to a nurse at a government hospital in Maharashtra. She was a widow who fell in love with a doctor and moved in with him. After living together for some years, he left her and married someone else. The judges said that having lived with the man for some years, the nurse could not allege rape. They pointed out that it was possible the doctor, on account of circumstances he could not have foreseen or could not control, was not able or willing to marry her. Whatever the reason, it was not rape. The doctor was acquitted.

But between the arrest and the acquittal lies much distress. Many observers experience that false claims delivered through girls who argue they have been duped into losing their virginity serve the handiest to undermine efforts to promote gender equality. “These instances ought to not be treated as rape.

In the meantime, false charges of rape over consensual sexual relationships serve most effectively to divert the real instances and twist the debate about rape in India. “The tragedy is that with so many fake cases, proper victims of rape may also find it tougher to get justice” and it yet, causes pendency of cases in the court.

Social Media Trail and Hard Part of Attaining Justice

In India a crook trial does not begin till a courtroom has framed charges against the accused and costs can be framed simplest after the police have concluded their investigation and feature filed the investigation file (popularly known as a charge-sheet) But from the angle of a regular citizen it would be truthful to the nation that an accused is a crime the moment he or she is ‘allegedly’ accused of committing a crime against the law. So far as the lives of regular law-abiding citizens are involved, being accused of a crime is a really crucial and possibly also extraordinarily distressing event in his or her lifestyle. The right to fair trial and investigation is part of Article 14 and 21 of the Constitution of India and every citizen enjoys these rights.

In the case of Zahira Habibullah Sheikh v. the State of Gujarat. This right is usually hampered by media trials. It is a basic principle of criminal jurisprudence that “every accused is presumed to be innocent unless the guilt is proved”.[i] This case is also known as the best bakery case.

Many do not get the actual meaning of the word feminism, for some like Jasleen Kaur, the word feminism for them simple method is male-bashing.

Just to refresh your memory, back in 2015, Jasleen Kaur, a scholar of Delhi’s St Stephens College, posted a photograph of a man on her Facebook profile, accusing the man of passing obscene remarks at her and threatening her as she pulled out her cellphone to click his image this incident took place at a traffic junction in West Delhi’s Tilak Nagar.

That post got viral and through media storm and social media trials sarvjeet Singh Bedi was accused of harassing jasleen Kaur and within 3 days he was tagged as “Dilli da darinda”. After this incident sarvjeet’s life was ruined and ultimately his job was also gone due to the alleged allegation that was imposed on him. Meanwhile, the most shocking thing was the girl was not present in any of the hearings in the court as she moved to Canada after the incident took place.

Then finally, after losing all the hopes in the legal system sarvjeet decided to find a great lawyer who could help him restore his faith in the legal system. Then adv. Amish Aggarwal came into the picture and meanwhile, sarvjeet saw a glimpse of hope.

Adv Amish Aggarwala

Sarvjeet’s lawyer Amish Aggarwala highlighted how a false complaint can tarnish the image of a young man like Sarvjeet but, it was the start of a bumpy ride.[ii]

 

 

After his acquittal, He wrote, “The Verdict is out. I am ACQUITTED! I wish to thank Waheguru Ji for keeping His eye on me, and all of you for your tremendous support. My friends and well-wishers made it possible.”[iii]

Hence, justice prevails over fake feminism.

Recently, we have witnessed an uproar and grave situation in the sensational case of the late actor, Sushant Singh Rajput on the issue of the Investigation and alleged mishandling of the latter’s unnatural loss of life.

The media has narrated the complete tale of the late actor’s death in such a manner to result in the general public considering within the complicity of the man or woman incriminate. The media has long past a step similarly and posted information primarily based on mere assumptions and suspicion about the line of research through the legit vigorous record on the issue on an everyday basis and comment on the evidence without ascertaining the real matric. Such reporting has added undue stress in the course of honest investigation and trial. The media on this way is conducting a parallel investigation and trial; and has already foretold its choice thereby, developing a strain at the investigation groups.

The freedom of press and media is not absolute and is difficult to positive limitations contained in Article 19 (2) of the Constitution of India.

Statistics

More than one 1/3 of the 460 instances involved young people who had engaged in consensual sex outdoor marriage until their mother and father found out and used the crook justice gadget to give up the relationship. In India, the families are more accepting in mentioning that their daughters were raped than willingly accepting the fact that they had a live-in relationship or an affair. In many reported cases it is seen that many have an inter-religion relationship that is another prevalent stigma in many cultures and social background of an individual and therefore, to save their families reputation such false rape cases are filed.

“Stranger rape, the element that gets most especially mentioned in India, become a certainly tiny class”. It accounted for simply 12 of the 460 cases.

CONCLUSION 

There should be stricter laws in dealing with such cases because Sarvjeet has not only lost his four previous years but also his hard-earned money and his reputation, all thanks to that fateful night of 23rd August 2015. 

There must be stricter laws in managing such cases because Sarvjeet has now lost his four valuable years, and his social and economic status as his job was gone and his family was badly affected.

However, In big cities like Delhi, the problem of rape cases has increased and any person can be falsely identified and make a sexual predator. Once a person is allegedly accused of rape it impacts on his social status and not only on himself but his family etc, to being dragged into the alleged cases, and later, the false implication is made against them that ultimately, ruin their social status in the society, as well.

In Indian culture, the notion is that “Even if one is acquitted, one cannot regain that status. You can’t prove your innocence to every person. People are quick to judge in a rape case without even knowing whether the person is guilty or not.”

In instances of trial by way of media, justice is regularly no longer simplest denied but additionally derived by lowering a tragedy into a sensational drama. Individuals commonly depend on media to offer records, as they cannot get enough statistics on their hands to make a knowledgeable set of new on the public platform through media.

Reference

[i] https://cjp.org.in/the-2004-best-bakery-judgement-and-its-significance/

[ii] https://www.indiatimes.com/news/india/sarvjeet-singh-might-have-been-acquitted-but-verdict-shows-how-false-cases-ruins-one-s-life-500960.html

[iii] https://www.indiatimes.com/trending/human-interest/jasleen-kaur-case-sarvjeet-singh-bedi-acquitted-378573.html

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Written by Simran Gill

Simran Gill is a final year law student from G.G.S.I.P.U, New Delhi. She is very enthusiastic about research work and writing articles and blogs on topics related to the law field. As it has developed her communication skills and other skills too, that would help her to reach the desired role in persuading her dreams. She has volunteered at NGO, legal research center, and has a keen interest in the field of criminal law, international law. 

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