With sudden spurt in number of FIRs, experts raise concerns over authenticity of allegations
The national Capital has seen allegations of rapes doubling since the December 16 Delhi gang-rape case. While the statistic raises the obvious matter of women’s safety, the other aspect to these numbers is authenticity.
Is the public sentiment on crime against women being taken advantage ofIJ Police say false rape charges are neither a new nor a rare phenomenon. Experts, including lawyers, in the city feel that there are not enough safeguards and there is barely any acknowledgement of the gravity of damage such implications can cause.
A senior police official said the agency registers cases every time a woman claims to have been sexually assaulted, in keeping with the law. “If a married woman complains that she was raped by her husband, the police has to register a case. Whether it is false or frivolous, it can only be decided in the court,” he said.
The police official further said there have been cases where women have forged complaints, either for monetary gains or to settle personal scores. However, there is little that cops can do in such situations as they are bound to register a case under appropriate Sections of the Indian Penal Code (IPC).
Given the hue and cry after last year’s incident, the Delhi Police has been extra swift in registering cases. The move has resulted in cases doubling. Till March 3rd of the current year, 247 rape cases have been registered; this is more than double of the 110 registered last year.
Narrating her experience, a Delhi-based gynaecologist said: “A few days back I had two 15-year-old girls coming to me complaining of stomachache and on investigation, I found out that they were pregnant. There are times where a couple is in an intimate relationship and on being caught, the girl or her family just blames the boy and that just ruins the career and the reputation of the boy. From my personal experience, I can tell you that half of them (rape cases) have been happening in the family. I feel that out of 10 cases that happen, four are fake and that can ruin the life of a male,” said Alka Choudhary, who practices in east Delhi.
legal experts put the blame on rampant misuse of laws in India. Namita Roy, a Delhi High Court lawyer, said in the absence of proper auxiliary laws, an innocent is roughed up while real culprits go scot-free.
“I was appearing in a bail matter in the court for a rape accused recently. A married woman alleged that the man, who was known to the victim and her family, had raped her after intoxicating her. However, a compliant was lodged after nine days of the incident, which was surprising and raised suspicion over the complaint. Though the judge appeared to be convinced, my client did not get bail,” she said adding that in such matters police investigation must not be shoddy and there must be adequate provisions to prevent misuse of law.
“The city is not made of patriarchal society and by just debating on timings and morals is undone. The atrocities need to be checked and their authenticity must be examined. There are times when things are consensual. Our liberty is in our own hands and we should take care of it,” said Amna Mirza, Assistant Professor Delhi University.
Ranjana Kumari from Centre for Social Research (CSR) also said that though it cannot be denied that a case may be frivolous; it is the sole discretion of the court to decide whether a case is genuine or false and it is for the cops to investigate the matter suitably. “FIRs can’t be
construed as true or false. We can’t generalise falsehood. Policing is important and state power in the form of court can’t be diluted. Curbing the crime is important. Abuse of the judiciary process by the authorities also needs to be prevented” she said.