Lucknow, UP, India, 226028

OUTSIDE THE COURT: THE NEED BECOMING TROUBLE

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INTRODUCTION

Born in India as a girl in India and getting married here shows some really serious concerns for offences like rape and dowry but what about the men who are afraid to get married because of the anti-men laws in India and no laws being made for their protection in this country? Women laws in India are strict enough and the major reason behind implementing such laws seriously is then increasing crimes, harassment and many such offences leading to both mental and physical trauma. For women who face a situation like this, it is really tough and not everyone can experience such a devastating trauma and still be strong.But all these crimes and offences have also given liberty to women put lives of innocent men in danger. The laws have become so much in favor of women that these laws show a major inclination towards to the protection of women only and not for the protection of men from women who accuse men on the basis of false evidences. These rights were created for the protection of a woman’s dignity and save them from exploitation, but like other laws, these laws are misused too, causing a permanent damage to an innocent man’s life.

FALSE ACCUSATIONS AND TAMPERING EVIDENCES

The assumed belief for a very long period of time leads to disappointments, the courts are places where the innocents get harassed, the only way to get justice is to harass the opponents and that harassment will force them to come to the bargaining table, pay a lump sum penalty and close the case easily. The only way to stop false cases and accusations is to work towards rigorous prosecution of all false cases and false pieces of evidence, including the wrong and corrupt investigation by police. There are many cases in which the investigation is not completed properly, only half of the evidences are collected and presented before the court. The rising menace in the rape cases so far is leading to a major concern for the future, safety and development of the country. Some women falsely accuse men under Section 354 of the Indian Penal Code which states that whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. There are many men in our country alone who are facing charges and jail time for the crime they did not commit in the first place. It is important to punish a person who has committed akimbo it is also important to save the innocent ones from being punished.

RAPE AND EVIDENCES

Rape as defined as a man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions.[1] The descriptions are as per the law given in our law was very less but when the most heinous crime that took place in the winters of the 2012 in Delhi on 16th of December. A girl was raped brutally, not just a forceful, sex without consent happened but the rapists brutally inserted the iron rod in and took out her intestine out of her vagina. This rape case was named the Nirbhaya rape Case. [2] This case brought up the issue of rape laws not being as strict as they are now. This country never witnessed such heinous rape and with this emerged the rape laws and the strictness towards the rape laws in India. There are much leverage for the rape victims and no doubt they should be provided with that liberty. Rape victims have to undergo something that not every person can understand. In India, the rape victim does not have to prove that she was raped but the rapist has to prove his innocence. It is very easy to prove that rape has taken place. The male semen in the body of the female stays for about 72 hours. The rape laws are so strict that it is very difficult for the male to prove themselves not guilty in the court of law. Though the rape cases have been increasing in the coming years but simultaneously there has been an increase in the false accusations of rape cases as well. To accuse someone in the rape case is comparatively easier when you have sexual relation with that person. Collecting evidences is easier when a girl had sexual intercourse and in the heat of the moment, while making love, there are marks or scratches on the victims or the accused person’s body, these marks can be treated assigns of rape and force applied or a type of struggle made by the victim during the act and then the accused would not be able to prove himself not guilty and would be sentenced for the punishment of rape.[3]

DOMESTIC VIOLENCE: GAME OF PENALTIES

Domestic Violence is one of the most increasing crimes in India and does not basically constitute to the rural sector or the women working as housewives. Domestic violence’s cases are generally seen in the metropolitan cities because women are more educated and aware about the laws and their rights. Awareness of law and rights have also led to the wrong confessions, tampering of evidences and many factors leading to the downfall of justice to the women who genuinely need it but due to some who play with the code of conduct and the violation of the basic norm and the laws made. The law and statute made against the prevailing domestic violence states that if husband or the relative of husband of a woman subjects the woman to cruelty or any such act shall be punished with a punishment of imprisonment for a term which may extend to three years and shall also be liable to pay fine, generally heavy penalty or fine is the situation when the couple decides to separate and the men has to pay for the maintenance of his wife and also share of his property into half  and also all that the Court decides.[4] The women aware of these rights tend to take benefits out of these and which leads to the injustice to the men and his family who are unknowingly a victim of someone’s greed and selfishness. The laws are so strict that it does not provide an equal opportunity to the people who are falsely accused. The laws, no matter must be strict in these offences but must not be favoring the women solely which will endanger the whole family’s future. At times it is not very tough to say women do it for the share in property and money.Most of such complaints are filed by the women in the heat of the moment over some trivial issues. It went on to state that women were not visualizing and imagining the “implications and consequences” of registering a criminal complaint against their abusive husbands. Uncalled for arrests may ruin the chances of settlements between the coupe and the family and because of which sometimes the victims are turned up to be a culprit in this country and justice remains not delivered.Recently men’s rights activists achieved a significant victory in India when the Supreme Court essentially identified the men as the true victims in domestic violence cases. The judges weren’t making the law gender-neutral, however they stated that Indian women were filing inaccurate claims of domestic violence and was tampering of evidences and false accusations.

CONCLUSION

Women have faced great difficulties and crime committed against them and with them over and over the years. Rape is one of the most heinous against a woman which not only exploits a woman’s dignity but also crushes her soul. ‘Rape is not only an offence against the person of a woman rather a crime against the entire society. It is a crime against basic human rights and violates the most cherished fundamental right guaranteed under Article 21 of the Constitution’.[5] The number of rape cases increase within minutes and while that terrorizes the whole country, men who are falsely accused with charges such as rape or dowry are also facing hell. Their lives are ruined forever once the term “rapist” is added to an innocent man’s name. Earlier the law was questioned for not being strict, for not being the way it should be. After 2012, when the rape laws were changed, women who went through this trauma finally got the justice they deserved but also men who are accused of this crime, merely due to hate or revenge are trapped in this unable to set themselves free. Rape, domestic violence, dowry fall under the category of crime, so does falsely accusing a person of a crime. The laws are made to protect us, to help us get justice not to ruin an innocent person’s life on the basis of planted evidences. Moreover, it is important to make the laws gender neutral, it should be equal for all genders and applicable in the same way. If there are strict laws for the protection of women, there should be laws for the protection of men too. There needs to be a check on the outside world as well, the court is blind but at times we are not able to see things that people come and show us. It is very important to check what is going outside the court as well. There is a difference of a wall in and out of the court and is not just the thickness of the wall which makes the truth invisible but there is a huge difference in looking, when looked both inside and outside.

Author(s) Name:

Pratyaksha (UPES, Dehradun)

Muskaan Pandita (UPES, Dehradun)

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[1] Section 375 of The Indian Penal Code, 1860, w.e.f.-1862

[2] Nirbhaya rape case citation

[3] Section 376 of The Indian Penal Code, 1860, w.e.f.-1862

[4] Section 498 A of The Indian Penal Code, 1860, w.e.f.-1862

[5] State of Punjab v. Ramdev Singh (AIR 2004 SC 1290)