STRINGENT RAPE LAWS VIS A VIS FAKE CASES IN REFERENCE TO

SOCIO LEGAL POSITION OF ACCUSED IN INDIA IN SPECIAL

REFERENCE TO DELHI

1. INTRODUCTION
Gender inequities throughout the world are among the most all pervasive, though
deceptively subtle forms of inequality. The women in society are considered to be the victims in
this scenario. It is an established fact that women represent very kernel of the human society
around which social changes must take place. The last decade of the last century has seen a
growing recognition of women’s rights specifically in the field of sexual offences.
To invade someone’s bodily sovereignty without consent or to manufacture consent by
unlawful means is an offence that cannot be described in its entirety. The victim of such an
offence is subjected to mental trauma that leaves a scar which remains for the entire natural life
of the victim and haunts the victim in unimaginable and unfathomable ways. The life of the
victim can never go back to its original state. The incidence of Delhi Rape case has provoked the
society and the Government for making stringent laws regarding sexual offences.
Prior to the Criminal Law Amendment Act 2013, the law of the land stated that a man is
said to commit rape if that man has sexual intercourse. But after the amendment, if penetration is
made by any part of the body into any part of the victim’s body which includes penetration by an
object, the said act is considered to be rape.
Even a cursory reading of the new law on rape brings to light the exceptionally inclusive
approach to provide justice in rape cases. However, it also raises the question that if such a law,
that imposes the aforesaid heavy punishment, is misused then what are going to be the
consequences for the falsely accused person. Without trivializing the issue of rape and the fact
that it is rampant and a whole lot of cases do not even get registered with the police, one cannot
ignore the fact that if a woman falsely accuses a man, the victimization of that particular person
is going to humungous. The importance and gravity that will be attributed to the statement of the
accused is going to be dramatically lesser than the importance and truth value that will be
attributed to the supposed “victim”.
A dishonorable and disrespectful trend of registering false rape cases has come to the
come to light. It makes the law that provides protection for rape a trivial. Moreover, it ridicules
and lampoons the amendment and the fact that stringent laws adopted by the parliament to
prevent crime against women have in fact resulted in the exacerbation of the current situation.
The Delhi Commission of Women (DCW) has come out with remarkably shocking
statistics revealing that 53.2% of the rape cases registered with the police between April 2013
and July 2014 in Delhi was falsified. Furthermore, the report says that between April 2013 and
July 2014, of the 2,753 complaints of rape, only 1,287 cases were found to be true, and the rest
of the 1,464 cases were filed on false grounds.
The society has progressed to such an extent that criminality amongst women have
achieved a higher stand in society and certainly have become influential but with respect to law
is still where it was in olden times. The repeatedly misuse of legal protection can lead to new
legal terrorism. The consequences of such a shift are extremely problematic and drastic. Firstly,
it stereotypes the Indian male population and reduces it to only one thing which can be attributed
to their personality. The effect of these laws is unjustified power in the hands of women for
blackmail and extortion.

2. STATEMENT OF PROBLEM
The Problem of this research has two features: A general problem and a specific problem
GENERAL PROBLEM
The General Problem of the research is that vulnerability emerges from increased misuse
of women protection related rape laws in India.
SPECIFIC PROBLEM
The Specific Problem of the research is that there are frequent malpractices of women
protection related rape laws in India due to lack of proper operational management of concerned
authorities.
3. OBJECTIVE OF THE STUDY
1. To present a scenario of existing rape crime against women in India.
2. To study and analyze the legal provisions in favour of men against fake rape cases in India.
3. To analyze the existing rape crimes laws and protection measures for women and men in
India.
4. To study and analyze the loop holes in the existing rape crimes laws and protection measures
for women in India.
5. To analyze the reasons behind misuse of rape crimes laws by women.
6. To formulate effective mechanism related to compensation/Damages provision for malicious
prosecution against accused when proved.

4. UTILITY OF STUDY:
This study will be utilized to show two sides of the coin where there exists crime against
women and to protect them there are laws, as well as, show the darker sides of women who
misuse the same provisions of laws which are meant to protect them and unnecessarily out of
their ulterior motives harass the innocent men. This study can be utilized to mend the loop holes
in our legal framework as well as improve the society.

chapter 1 (2000)

Status of Women in Different Eras in India

background, the condition in different eras.

 The status of women has undergone significant changes in India over the centuries.
Today, women’s social, economic and political lives differ immensely compared to centuries
ago. Females are more educated, richer and holds more political powers than ancient and
medieval periods. Although the laws have raised the status of women in trying to address the
gender equality and equity issues, they are still far from achieving in it in real life. With the
exception of western countries, in other regions particularly Asian content women are still
undermined a lot.

The status of criminal laws before and after nirbhya kand

Introductory chapter, where the theory, for the study is also included.

chapter 2 (1000)

Mainly deals with status of legal measures for rape crimes in present scenario.

chapter 3 (1000)

Judicial approach; focus on latest fake rape cases; from 2010 to date. After 2013 criminal
amendment act 2013 made women over empowered and they start using these laws as weapon.

chapter 4 (1000)

focus on the rigidness, stringent laws. How these rigid laws spoil the life of accused and its
related aspects.
Discuss the status of legal measures for rape crimes in present scenario.

chapter 5 (1000)

Introduction of three intersectional identities used for the study;

India’s history of gender discrimination

The status of the women in the country

The obligation of the state

Comparative study with UK and USA with special laws provision will be added.

Gender neutral laws in other countries as per the title of the chapter.

chapter 6 (1000)

suggestions related to malicious prosecution and research question and the analysis

chapter 7
Literature Review

Kishwar, Madhu (1986): In her study, “Dowry: To ensure her Happiness or to Disinherit Her”
feels that oppression of wives for bringing inadequate dowry is only another excuse for using
violence against them. In other words and in fact evidence from other country has indicted as
much even without additional tradition of dowry, inter spousal violence is endemic. She has also
pointed out that dowry payments in themselves do not transform girls into burdens but rather
dowry makes daughter burdensome only because daughter are unwanted to being with”.

Supriya Keisam: In her Paper she talks about Sexual assault is tricky to investigate. Wrong
convictions can harm the falsely accused and discredit the ordeal of real rape victims. Zero
tolerance to sexual crime has a flip side to it. A person’s testimony can be taken at face value in
the absence of evidence or corroboration. This study has brought to light the pseudo rape cases
for which innocent men suffer the ill consequences. By giving complete favour to the victim
innocent men may be punished. If this loophole is overlooked, can the legal system do absolute
justice?

Neera Desai (1986) In trying to analyse women's movement in India during the period of
freedom struggle and subsequently, after independence clearly pointed out that the women's
issues were taken for granted during the freedom struggle and it almost became a non-issue after
independence i.e., there is hardly any concerted action toward achieving the goal of equality.

Elise Bonding (1988): In her paper on “Women & Social Violence” clearly points out that social
violence against women are mainly based on a (a) social or institutional structure of the
patriarchal order perpetuating all kinds of discrimination and oppressions against women which
result into (b) behavioural violence. In general, she reports that because women are 'easy'
victims, they experience a great deal of direct behavioural violence in every society. Of the most
common expressions of behavioural violence against themselves women as victims find involved
in rape, wife-beating and prostitution.

Neeraj Malik (2015): Awareness among women against marital rape is must. Women
empowerment and education for women will make them to stand against such heinous crime.
Right to live with dignity is our fundamental right and marriage shouldn’t be an excuse for such
an inhumane act against women. Rising voice against this injustice against women is the need of
hour.

Carol E. Tracy (2012): Sex crimes involve complex dynamics that call for detail-oriented
investigations and statutory analyses. Sex offenders often employ unique, manipulative, and
murky methods in order to victimize. Victim behaviors and responses to rape and sexual assault
crimes are often counterintuitive to what laypersons and others without field expertise expect.
Unfortunately, experts in sex crimes and offender and victim behavior are rarely sought out for
collaboration with legal professionals or legislators regarding the development of legislation and
protocols. Although some jurisdictions’ laws have evolved to incorporate our ever-expanding
knowledge of rape and sexual assault and offender behaviors, in other jurisdictions, the laws
remain sadly outdated in either language or content.

Joshita Jothi (2014): The existing pervasive gender-role stereotypes suggest a notion that males,
and the idea of masculinity that they embody, cannot fall victim to an offence of rape or sexual
assault. The veracity of this statement has now had reason to be doubted. The instances of male
rape, as enunciated above, give a clear idea regarding its prevalence. However, questions
regarding societal recognition and awareness of the same need to be advanced. As already noted,
correct labelling of a crime gives the victim a sense of vindication which might encourage him to
seek legal or psychological redress.

David Lisak (2010): One of the most controversial disputes affecting the discourse related to
violence against women is the dispute about the frequency of false allegations of sexual assault.
In an effort to add clarity to the discourse, published research on false allegations is critiqued,
and the results of a new study described. All cases (N = 136) of sexual assault reported to a
major Northeastern university over a 10-year period are analyzed to determine the percentage of
false allegations. Of the 136 cases of sexual assault reported over the 10-year period, 8 (5.9%)
are coded as false allegations. These results, taken in the context of an examination of previous
research, indicate that the prevalence of false allegations is between 2% and 10%.

The National Center for the Prosecution of Violence Against Women: One of the most
important challenges for successfully investigating and prosecuting cases of non-stranger sexual
assault is the idea that many—or even most—reports are false. As long as this belief is accepted
by law enforcement professionals, prosecutors, jurors, and others, our efforts to improve the
criminal justice response to sexual assault will have only limited impact. Only those cases that
look like our societal stereotype of “real rape” will be successfully investigated and prosecuted.

Ministry of Justice (2010): This review found insufficient reliable empirical evidence on which
to base an informed decision on the value of strengthening anonymity for rape defendants.
Evidence is lacking in a number of key areas and this report highlighted a range of issues on
which clarity and/or more robust evidence is needed. .How anonymity affects the reporting of
rape? What is the true extent of false rape allegations? What is the relationship between no-
criming of rape and false allegations? What is the impact of Media coverage of false rape
allegations? Statistics on rape convictions, including consistency in reporting and assessment of
downgrading. The impact of media coverage of jury rape trials.

Durba Mitra(2014): In this paper, he has argued that medical jurisprudence textbooks have a
significant impact in the adjudication of rape cases. These textbooks prescribe methods of
medical evaluation that are often unscientific and invasive. At the same time, the tests are highly
prejudicial to the victim because they make value judgments about women’s sexual behavior, the
nature of her character, and the veracity of her claim.

V. K. Madan(2013) : The rape challenge should be addressed with a fresh look from
multidisciplinary perspective besides law and enforcement. The fusion of data, analyses, and
ideas including from sociological, cultural, psychological, and religious aspects, and encouraging
merging of tools from disciplines, should provide an insightful and sound approach to find
solution to the intractable social problem. Also social change with the universal wisdom thoughts
of great minds like Mahatma Gandhi and Elie Wiesel is desirable to eliminate ills, including
rape, from the modern society.

Terry L. Fromson: The biased perspective that continues to pervade the justice system’s
response to sex crimes plays a crucial role in an individual victim’s perception of whether or not
she/he was the victim of a crime and whether she believes that she will receive some measure of
justice in the legal system. These victim perceptions affect whether victims are willing to report
to law enforcement or cooperate in investigations and prosecutions.

Dr. Vandana (2017): Marital rape occurs in all types of marriages irrespective of age, social
class, race or ethnicity. A very meager and scanty research data is available on the issue and lack
of data poses a major hindrance in the direction of making due efforts by the government and the
legislature to provide effective legal forum to address the traumatized victim’s concerns.

Hypothesis:
The rape laws are positively biased towards women. The laws regarding rape does not
acknowledge the abuse that a man faces in fake cases it shows a disparity in our legal system.
Albeit women are the greater number of victims compared to men, that statistic is slowly
dissipating in the light of false allegations against innocent men. The rate of false allegations
after the fallout of a marriage, after a woman feels scorned, is continuously on the rise in India.
The law, and judiciary system doesn’t provide protection to men in term of compensation or
damages or penal punishment to women from these shaming allegations.

RESEARCH METHODOLOGY
Research methodology is a systematized investigation to gain new knowledge about the
phenomena or problems. But in wider sense ‘methodology’ includes the philosophy and practice
of the whole research process. It provides standards which the researchers use for integrating
data and reaching conclusion. Research methodology would be beneficial to appear for the
appropriate results. The Research demands an in-depth study of the topic. The conventional
method Doctrinal Research Methodology will be followed so as to undertake the non-doctrinal
research methodology. The researcher proposes to use the methodologies which are used for
explicative, exploratory, descriptive and doctrinal research.
Research Design
The researcher shall depend on collected data and information from secondary sources
like books, census, printed reports, magazines, websites and previous research and studies in
order to build the theoretical fundamental for this research, which is related to practical study.
The researcher shall also collect data from 300 respondents in the form of a
questionnaire, interviews, focused group interviews and observation. Questionnaire is being
designed to interview the accused, dependent of accused, employer of the accused, Investigating
officer, advocates, NGOs, mediation cell, CW Cell, etc. in the Delhi. All the participants for the
study will be Indian citizens.

Sources of Data

A -Primary Source:-
 Researcher shall approach personally to above mentioned persons in Delhi for obtaining
relevant details by questionnaires.

B - Secondary Source:-
The secondary data has been collected from statistical bulletin published by various
organizations, i.e. journals, periodicals, newspapers, annual reports of the respective
departments, Government of India, State Government, Other authorities (bulletin, annual report)
and publications and published reports, in the vicinity of the research area.

Sampling
A - Sample Size:-
Sample size is 300 in Delhi.

B-Sampling Technique:-
Random sampling technique will be used in the survey.

C -Tools of Analysis:-
Data has been presented with the help of bar graph, pie charts, line graphs etc. The
analysis shall be carried out using SPSS; it shall carry out descriptive as well as inferential
statistics. The tests to be used shall be correlation and factor analysis.

D -Plan of Analysis:-
Tables will be used for analysis of the collected data. The data is also neatly presented
with the help of statistical tools such as graphs and pie charts. Percentages and averages will also
be used to represent data clearly and effectively.

E - Research Area:-
The research study is confined to the National Capital Region of India which is a
geographical limitation on the study.

Data Collection Instrument Development

The mode of collection of data will be based on Survey Method and Field Activity.
Primary data collection will be based upon personal interview. I will prepare the questionnaire
accordingly to the necessity of the data to be collected.

PROPOSED TENTATIVE CHAPTERS:

CHAPTER CONTENT
1. INTRODUCTION
2. INDIAN LEGAL MEASURES FOR RAPE CRIMES IN FAVOUR OF
WOMEN.

3. LEGAL MEASURES FOR MEN AGAINST FAKE RAPE CRIMES: A

COMPARATIVE STUDY WITH UK & USA.
4. GENDER NEUTRALITY ACROSS VARIOUS JURISDICTIONS FOR
RAPE LAWS VIS A VIS POSITION IN INDIA.
5. INDIAN JUDICIAL APPROACH RELATED TO FAKE RAPE CASES

6. POSITION OF ACCUSED IN FAKE RAPE CASES: A DATA ANALYSIS

IN DELHI REGION

7. CONCLUSION AND SUGGESTIONS. (SUGGESTIONS RELATED TO

MALICIOUS PROSECUTION: COMPENSATRY PROVISONS IN
FAVOUR OF ACCUSED WHEN PROVED INNOCENT)