“Any law loses its teeth and bite if frequently misused”. These were the words of noted lawyer and National Spokesperson of the Indian National Congress, Abhishek Manu Singhvi via his tweet on Tuesday.
Any law loses its teeth & bite if frequently misused. The#UproarAgainstFakeRapeCases is a timely reminder that genuine victims are often left to the dogs because of actions of a few.
— Abhishek Singhvi (@DrAMSinghvi) July 23, 2019
However, #UproarAgainstFakeRapeCases is not a new trend but something that has been voiced over past several years by many Men’s Rights Activists. Misuse of rape laws don’t just harm Men, but infact make a mockery of the system for all other genuine victims who approach demanding justice.
Below is one such case from Gurugram that has come to light and the citings by honourable court have been more than apt and stern.
- A married woman, also a mother of a child comes to Gurugram in 2017
- She gets acquainted with a minor boy, 15-years-old at that point in time
- This boy is originally from Nainital and has been living in NCR with his parents
- Initially she discusses her personal problems with the minor and eventually both become close and develop a relationship
- Formerly, the boy, who can be safely termed as immature, wanted to marry the woman, which she refused
- However, several months later after the two were into a physical relationship, the woman started pursuing the minor boy to marry her
- The boy’s mother strongly opposed to this
- Later, with the intervention of the police and state women’s commission, a compromise was made that the lady will move into the boy’s home
- When the parents of the boy went back on their commitment, the woman in question filed a rape case on the minor boy
- FIR was filed a year ago, at Sector 51 women’s police station in Gurugram on June 23, 2018, under Section 376 (rape) and Section 506 (criminal intimidation) of the IPC
What Has The Court Cited In This Case?
- Manglesh Kumar Choubey, principal magistrate of Juvenile Justice Board (JJB), Gurugram in his order said, that it was the woman who got into the relationship consensually with the boy, however, pressed rape charges when the mother of the boy foiled her plan of marriage
- The law is absolute clear that every sexual intercourse between a man and a woman is not rape
- The prosecution failed to prove the guilt of the juvenile beyond all shadow of doubt
- The woman was not a minor who couldn’t understand the consequences of her act
- The conduct of the woman has been taken into account as initially she got into a relationship for such a long time with the minor without any intention of marrying him
- She took benefit of the rape law subsequently when her wishes were not fulfilled
Court Directions to the Police
- The court directed the police to be very sensitive in such matters
- The court also pointed out how an innocent victim dies every moment, but at the same time, any person who is falsely implicated is also a victim in the same manner
The above case should bring some relief to boys, men and even relatives of the alleged victims against fake cases that are being filed randomly by some women to settle personal scores. What remains unanswered in the above case is why did the police and state women’s commission intervene and force a minor boy to accept the marriage advances of the woman.
What also remains unsettled is though the minor boy has been now acquitted, there are no charges whatsoever on the woman for filing a false case and scarring the boy’s life for good.