Court says rape law is being misused by women
Penal provisions on rape
have been misused by some women who develop consensual physical
relationship with their lovers and after the breakup file false rape cases to force them to marry them, the Delhi High Court has said.
Justice
Kailash Gambhir said rape law was often misused by women as weapon for
"vengeance and vendetta" to harass and blackmail their male friends by
filing false cases to extort money and to force them to marry them.
"Many
of the cases are being reported by those women who have consensual
physical relationship with a man but when the relationship breaks due to
one reason or the other, the women use the law as a weapon for
vengeance and personal vendetta to extort money and sometimes even to
force the boy to get married to them," the court said in a recent order.
"Out
of anger and frustration, they tend to convert such consensual sex as
an incident of rape, defeating the very purpose of the provision,"
Justice Gambhir said, while hearing a case related to a woman's
complaint against her lover in Rani Bagh area July 13, 2012.
The rape complaint was filed against Rohit Chauhan, who was allegedly in a relationship with the woman for three years.
The
court said that in many cases the woman first agrees to have consensual
sex but she files a rape case against her boyfriend when the
relationship breaks up in order to "force him to get married, making not
only mockery of the marriage but also inflate the statistics of rape
cases".
A trial court must cautiously examine the intentions of a
complainant girl to find out whether the rape allegation was genuine or
had malafide motives.
"There is a clear demarcation between rape and consensual sex
and in cases where such controversies are involved, the court must very
cautiously examine the intentions of both the individuals involved and
to check if even the girl, on the other hand, is genuine or had malafide
motives."
"Cases like these not only make a mockery of the
sacred institution of marriage but also inflate the statistics of rape
cases which further deprecates our own society," the court said.
http://indiatoday.intoday.in/story/women-misuing-rape-law-marriage-consensual-sex/1/273110.html
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