RESPECTED

Sh Kiren Rijiju, Hon'ble Law and Justice Minister

Prof. S.P. Singh Baghel, Hon'ble Minister of State

My name is Deepika Narayan Bhardwaj. I am a documentary filmmaker and an activist bringing out stories of legal injustices on men since last one decade.

RAPE. The word itself sends a shiver down the spine. Recognized as one of the most heinous crimes across the world, Rape is a traumatic experience that affects the victim in a physical, psychological and sociological way. Survivors of rape or sexual assault sometimes face life long trauma.

This crime carries most stringent punishment as per law across the world and India is no exception.

"Nirbhaya" Gangrape case that shook the nations conscience in 2012, led to various amendments in India's rape laws, making laws stricter and punishments more severe than ever before. Testimony of woman alone is now sufficient for registration of case and even conviction. If sexual intercourse is proven, it is presumed that the woman did not consent, if she says so in her testimony. In all practicalities, burden of proof has shifted on the man to prove that he did not rape.

While the laws were strengthened to address menace of sexual assault posing threat to lives of innocent women and girls, a new problem seems to be spreading fast in the country posing threat to lives of innocent men and boys - that of false rape accusations. 

Post the redefining of definition of Rape, majority of reported rape cases reported in India now are that of "Rape on false promise of Marriage" where a woman after being in a long relationship with a man claims that she consented for sex because the man promised marriage and now since he has gone back on the promise and not marrying her, he has raped her. She does not need to present any proof of this promise and her statement is sufficient as an evidence. 

National Crime Records Bureau data shows that "rape on false promise of marriage" cases have risen from 22.1% of total reported rape cases in year 2015 to a whopping 51% in 2019. In some states such cases form 55-85% of the total rape cases registered in that state. 

Majority of such cases have resulted into acquittal of the man. There are no compensations however for months and years of their time spent in jail for a crime they never committed.

In 2018, Rajasthan High Court was informed by Rajasthan Police that 43% of rape cases turned out to be false during investigation. Similar percentage of rape cases were closed by the police in the state after finding that they were false accusations in 2019.

In 2019, Justice Sadhana Jadhav of Bombay High Court said that women who file false rape cases should be punished commenting that "of late several cases are coming before the High Court in which victims have filed complaints alleging rape and contending that they had entered into relationships after being promised marriage. In a relationship between consenting adults, sometimes such complaints are filed in the heat of the moment and withdrawn later. This has become a trend and sends the wrong signal to society." The court cautioned the police to be vigilant and hold an initial inquiry to find out whether the rape complaint was genuine or not, before registering the case.

In July 2013, while acquitting a 75-year-old of rape charges, Additional Sessions Judge Virender Bhat of a Delhi Court said " Mere statement of a lady that she has been raped, is now taken as gospel truth, the accused arrested and charge-sheeted. This has led to an unprecedented surge in filing of false rape cases...It is these false cases which play havoc with the crime statistics, leading to the labelling of Delhi as a “rape capital.”

In 2016, Justice Nivedita Anil Sharma said, "It is time now to have laws to protect and restore the dignity of men charged with false rape cases as everyone is just fighting to protect the honour of women. While laws are being made for the protection of women, some of whom may misuse them, nobody talks about the dignity and honour of a man." The judge in another case also questioned that if rape victims are now often called rape survivors, should men falsely accused of rape who are honourably acquitted later be called "rape case survivors"

The menace of false rape cases is spreading fast in India. During last three years of making of my documentary film "India's Sons - Tale of False Rape Case Survivors" I have met several men and their families who have become victims of this problem. There are organized rackets run by women in tandem with lawyers, journalists, police officers to trap men and extort money by threats of false rape cases. Such accusations are being widely misused in matrimonial disputes too in order to pressurize husband and his family to give huge money. Many men have committed suicide due to false rape accusations but the lawmakers seem to be blind to this growing problem.

I am starting this petition to draw attention of lawmakers towards this pertinent issue that's causing gross human rights violations. In past, misuse of 498A known as the anti dowry law has been severely condemned by Supreme Court of India, calling it Legal Terrorism. In 2014, guidelines were issued by SC to stop arbitrary arrests under IPC 498A.

If misuse of rape laws is not addressed, IPC 376 will become the next IPC 498A.

It would be such a travesty for women who actually suffer Rape. 

It is great that we are doing everything possible to protect India's Daughters but we must not be blind to sufferings of India's Sons that too because of biased laws of the land.

Thus I am hereby requesting Law Minister of India to :

1. Form a committee to assess misuse of rape laws in the country particularly after the Criminal law amendment Bill brought in 2013. Analyze the intent of changes brought in the law and how they are actually being implemented on ground.

2. Relook at the widened definition of Rape so that consensual sexual relationships are not projected as Rape later

3. Non performance of Marriage after Live-In relationship should not be booked as Rape

4. There should be no immediate arrest of the man in cases of Rape on False Promise of Marriage and the case should be investigated thoroughly before any coercive action

5. Keep the identity of the accused anonymous just like that of the complainant until the trial is concluded.

6. Amend IPC 182. Increase Jail term and fine prescribed under law for criminals who file false cases of rape or any heinous crime. Enable falsely accused to initiate proceedings against false accusers.

7. Introduce penalty for police officers who do not file closure in false criminal cases and subject innocents to criminal trial despite clear evidence of false implication.

8. Amend the law for damages and compensation to grant suitable compensation and recourse to those who spend years in Jails on false charges despite being innocent.

9. Start a helpline number across India where men can complain if they are being threatened with false rape cases

 

MEN ARE CITIZENS OF THIS COUNTRY AND THEY ALSO HAVE CONSTITUTIONAL RIGHTS.

SPECIAL PROVISIONS MADE TO EMPOWER WOMEN SHOULD NOT DISEMPOWER MEN. 

MERE WORDS OF ONE GENDER CAN NOT BE TREATED AS GOSPEL TRUTH WHILE OF OTHER A LIE. THERE SHOULD BE PROPER INVESTIGATION IN RAPE CASES AND EVIDENCES SUBMITTED BY A MAN MUST ALSO BE LOOKED INTO BEFORE ANY COERCIVE ACTION

False accusations of rape not only harm men but harm genuine victims of rape too. 

Rapes should Stop. Rapists should be most stringently punished.

False Rape cases should also Stop. False Accusers should also be stringently punished.

PLEASE SHARE THIS PETITION AND SPREAD THE WORD

Regards,

Deepika Narayan Bhardwaj

#IndiasSons #FalseRape #Rape #PunishTheGuilty #RightToJustice