Delhi Sessions Court raises question about dignity of falsely accused men in rape cas

[Lalit]

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A case for Rape Case Survivors!

[h=1]Delhi Sessions Court raises question about dignity of falsely accused men in rape cases[/h]17 Jan2016 by videv
Following recent judgment of Delhi Sessions Court by Justice Nivedita Anil Sharma about dignity of falsely accused man in a rape case, has been much published in print media, and getting shared on social media too.
The judgment has referred to terming such falsely accused men as rape case survivor, a term used first in a judgment by Justice Virender Bhat, again about a rape case in Delhi; probably because Delhi has become the false rape capital of India.
At the end of the judgment are passages related to falsely accused in rape cases:

185. It cannot be ignored that the accused due to this case which has ultimately ended in his acquittal, as suffered humiliation, distress and misery besides the expenses of the litigation. His plight may also continue after his acquittal as his implication may have caused an uproar in society but his acquittal may not even be noticed. He would continue to suffer the stigma of being a rape case accused. He has remained in custody for a considerable period.
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One way to avoid such humiliation, media trials, ignominy for the falsely accused is to modify the law so that identity of rape accused is also kept secret till trial and conviction. Such a law was there in UK law books for many years before it was taken away, presumably not to discourage women from coming forward in reporting rape cases. Such a logic can only be feminist logic, because for a raped woman to get justice, it should not be important whether the face of accused man is flashed all over MSM and social media, what’s important is only that the prosecution and trial are done fairly and speedily. But feminists are more concerned about creating rape hysteria, and if it destroys some men’s reputations and their lives, so be it, so for them such a law to keep accused’s identity secret will not serve that purpose.
The next para in judgment says:

186. It may not be possible to restore the dignity and honour of the accused nor compensate him for the humiliation, misery, distress and monetary loss. However, his acquittal may give him some solace. He may also file any case for damages against the prosecutrix, if advised. No one discusses about the dignity and honour of a man as all are only fighting for the rights, honour and dignity of women. Laws for protection of women are being made which may be misused by a woman but where is the law to protect a man from such a woman where he is being persecuted and implicated in false cases, as in the present case. Perhaps, now it is the time to take a stand for a man.
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Above “dignity and honour of a man” passage was much quoted in the press, and it gave the impression that the court has proactively done something to help the falsely accused man in this case. However, it seems that the court has just made the observations about dignity/honour etc of men, and let the man himself file a case for damages on the falsely accusing woman, if advised. Given the general lack of precedents and lack of knowledge in this area, about how to get compensation either from state or from prosecutrix, I don’t know what advice can this man get to claim damages. More useful would be if the courts could evolve an automatic rule to order an enquiry under applicable sections like IPC 182, 211 etc against false rape accusers, since most of these provisions of law cannot be invoked by the accused himself, unless ordered by the police or judiciary. Most accused wouldn’t have sufficient knowledge of the law to make use of these provisions. So in most likelihood these sections will remain the toothless provisions they have always been, for a long time to come. And as a society, we can continue to sleep believing that our laws are serving the purpose they were written for.
More information is given in this post on various precedents and useful sections for taking actions against false rape accusers.
Since the judgment is 84 pages long, the PDF file is also attached here. Delhi ASJ Nivedita Anil Sharma false rape acquittal 20160102.pdf



http://menrightsindia.net/2016/01/d...n-dignity-falsely-accused-men-rape-cases.html

 

[krish44]

When a relationship between a man and woman sours before marriage, very few take it in a dignified way and move on.

It becomes a no holds barred confrontation with each one wanting to fix the other.

Sometimes men get hurt with false rape charges .

In a few cases , when two in a relationship are caught by girls parent, the girl gets persuaded to level rape charge to fix the boy by her parents

This is very common.

Our TB boys are the best.

They hardly ever go near the girls.

They are made to wear their caste signs by their relatives so that no girl also goes near them.

They are called Ammanji in most campuses and left alone by girls

 

[V.Balasubramani]

And Ammanji's know better about Ammanjis.lol

Birds of the same feather flocks together.

 

[yesmohan]

It is true that most accused would not have knowledge of the law .

Therefore the possibility of falsely accused men after their acquittal.... might resort to the options of attempting suicide or running away from home.

The courts could evolve an automatic rule to order an enquiry in the judgement itself , under sections like IPC 182, 211 etc.
Again, falsey accused men who on account of ignorance of law or paucity of funds could seek remedy, on their own.

 

[Murali.sharma]

Though our ammangis are decent enough not to go for these kind of illegals, it's still the opportunities decides the final say.isn't it?