Amend Indian rape laws to punish misuse of law

Amend Indian rape laws to punish misuse of law

The Issue

Problem Statement:

Following the stringent rape law amendments post Nirbhaya case in India  some women have resorted to using the rape law to blackmail and extort money or to settle personal vendetta. The rape law amendments also violate the most fundamental law of criminal justice and it need to be fixed with highest urgency. 

Example real life cases in last few months which created front page headlines:

1. 20 yr old, BA English student, Ayushi Bhatia from Delhi accuses 8 men of rape and extorting money from them. Links:

2. Priyanka Choudhary - Miss Rajasthan Honey trap: 

3. 19 yr old girl from nagpur alleges false gang rape due to tiff with boyfriend

4. Kaithal Fake rape case to extort 50 lakh from businessman

...and many more despite the fact that it is so hard to prove the case is false and despite best efforts from police, such false accusers often easily get bail.

Also, one can refer to recently released documentary, India's sons covered here which covers stories of many false rape case survivors: 

How Honey-Trapping works (Modus Operandi):

  1. Woman will approach well-off men (victim) on social media (insta/facebook), dating website, matrimonial website, gyms, bars, clubs etc, provide a fake identity like doctor in reputed hospital, student in top university etc.
  2. Woman will befriend the victim, create a false relationship often engaging in consensual sex.
  3. This relationship can continue for several months if they continue to receive expensive gifts and money from the victim or it can be a one night stand if the victim is reluctant to pursue the relationship. 
  4. Lodge FIR under rape law (S. 376 of IPC) against the victim alleging rape under threat/coercion/false promise of marriage etc. This result in immediate arrest of the victim and the woman will demand money to withdraw and settle the case. The rape case settlements often run into several lakhs and sometimes in crores - the kind of money which can ordinarily be earned only after a lifetime of study and hardwork which such woman tries to earn in one night to support their and their families wayward lifestyle.

Possible Solution:

The false accusation of rape destroys the dignity and whole life of falsely accused person (victim) in same way as the honor and dignity of an innocent woman is destroyed in actual rape. So, according to criminal jurisprudence, there should be no reason that the false accuser woman are able to go relatively scot-free even when the case is proved to be false due to lack of penal provisions in such cases while the actual convict in rape case can get death penalty or life term as well. It is expected that stricter punishment for false cases will help in evolution of rape jurisprudence and progress of society by acting as deterrent for criminal minded women to not use the law as extortion tool.

Specific Prayers:

  1. We demand amendment of S 376 to include punishment for false cases. The penalty for a woman filing false rape case should be same as the punishment under Section 376 of IPC and its subsections. 

    1.a Minimum punishment of 10 years with maximum punishment upto death penalty or life imprisonment for repeated false accusers

    1.b Fine imposed should be just and reasonable to support the victim (false accused male) and in any case, not less than the 2x the average earnings of the person in previous 3 years during the period the trial for rape case was held

    1.c National offenders registry for such women so that police is careful if such women put false accusations on other people in future.

    1.d Minimum punishment of 20 years for a woman accusing a male below 16 years of age.

  2. Allow use of nirbhaya fund for supporting victims of false cases

  3. Widen 166A to punish public servants who refuse to register case against such blackmailer women.
  4. Remove 114A amendment which attacks the most fundamental law of criminal jurisprudence, namely, presumption of innocence and assumes man to be guilty just based on statement of a woman.
    • This amendment post nirbhaya case has resulted in violation of Art 11 of Universal declaration of Human Rights, International Covenant on Civil and Political Rights, art. 14, paragraph 2,  Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2).
    • India is accountable to the world for this violation for not protecting this fundamental right. The reason is best summed in preamble of Universal declaration of Human rights: "Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,"

Personal appeal:

Reason for my interest in this petition is summed up in this quote by Benjamin Franklin: "JUSTICE WILL NOT BE SERVED UNTIL THOSE WHO ARE UNAFFECTED ARE AS OUTRAGED AS THOSE WHO ARE". I expect your support for the same reason as the misuse is still at nascent stage and if left unchecked, can severely harm our next generation who will hold us responsible for the mess. May God save my country!

SATYAMEVA JAYATE! JAI HIND!

PS: This is not the final draft and based on comments, opinions and suggestion from learned readers, we will update it before submitting it to relevant authorities.

 

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Vivek LegalPetition Starter

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The Issue

Problem Statement:

Following the stringent rape law amendments post Nirbhaya case in India  some women have resorted to using the rape law to blackmail and extort money or to settle personal vendetta. The rape law amendments also violate the most fundamental law of criminal justice and it need to be fixed with highest urgency. 

Example real life cases in last few months which created front page headlines:

1. 20 yr old, BA English student, Ayushi Bhatia from Delhi accuses 8 men of rape and extorting money from them. Links:

2. Priyanka Choudhary - Miss Rajasthan Honey trap: 

3. 19 yr old girl from nagpur alleges false gang rape due to tiff with boyfriend

4. Kaithal Fake rape case to extort 50 lakh from businessman

...and many more despite the fact that it is so hard to prove the case is false and despite best efforts from police, such false accusers often easily get bail.

Also, one can refer to recently released documentary, India's sons covered here which covers stories of many false rape case survivors: 

How Honey-Trapping works (Modus Operandi):

  1. Woman will approach well-off men (victim) on social media (insta/facebook), dating website, matrimonial website, gyms, bars, clubs etc, provide a fake identity like doctor in reputed hospital, student in top university etc.
  2. Woman will befriend the victim, create a false relationship often engaging in consensual sex.
  3. This relationship can continue for several months if they continue to receive expensive gifts and money from the victim or it can be a one night stand if the victim is reluctant to pursue the relationship. 
  4. Lodge FIR under rape law (S. 376 of IPC) against the victim alleging rape under threat/coercion/false promise of marriage etc. This result in immediate arrest of the victim and the woman will demand money to withdraw and settle the case. The rape case settlements often run into several lakhs and sometimes in crores - the kind of money which can ordinarily be earned only after a lifetime of study and hardwork which such woman tries to earn in one night to support their and their families wayward lifestyle.

Possible Solution:

The false accusation of rape destroys the dignity and whole life of falsely accused person (victim) in same way as the honor and dignity of an innocent woman is destroyed in actual rape. So, according to criminal jurisprudence, there should be no reason that the false accuser woman are able to go relatively scot-free even when the case is proved to be false due to lack of penal provisions in such cases while the actual convict in rape case can get death penalty or life term as well. It is expected that stricter punishment for false cases will help in evolution of rape jurisprudence and progress of society by acting as deterrent for criminal minded women to not use the law as extortion tool.

Specific Prayers:

  1. We demand amendment of S 376 to include punishment for false cases. The penalty for a woman filing false rape case should be same as the punishment under Section 376 of IPC and its subsections. 

    1.a Minimum punishment of 10 years with maximum punishment upto death penalty or life imprisonment for repeated false accusers

    1.b Fine imposed should be just and reasonable to support the victim (false accused male) and in any case, not less than the 2x the average earnings of the person in previous 3 years during the period the trial for rape case was held

    1.c National offenders registry for such women so that police is careful if such women put false accusations on other people in future.

    1.d Minimum punishment of 20 years for a woman accusing a male below 16 years of age.

  2. Allow use of nirbhaya fund for supporting victims of false cases

  3. Widen 166A to punish public servants who refuse to register case against such blackmailer women.
  4. Remove 114A amendment which attacks the most fundamental law of criminal jurisprudence, namely, presumption of innocence and assumes man to be guilty just based on statement of a woman.
    • This amendment post nirbhaya case has resulted in violation of Art 11 of Universal declaration of Human Rights, International Covenant on Civil and Political Rights, art. 14, paragraph 2,  Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2).
    • India is accountable to the world for this violation for not protecting this fundamental right. The reason is best summed in preamble of Universal declaration of Human rights: "Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,"

Personal appeal:

Reason for my interest in this petition is summed up in this quote by Benjamin Franklin: "JUSTICE WILL NOT BE SERVED UNTIL THOSE WHO ARE UNAFFECTED ARE AS OUTRAGED AS THOSE WHO ARE". I expect your support for the same reason as the misuse is still at nascent stage and if left unchecked, can severely harm our next generation who will hold us responsible for the mess. May God save my country!

SATYAMEVA JAYATE! JAI HIND!

PS: This is not the final draft and based on comments, opinions and suggestion from learned readers, we will update it before submitting it to relevant authorities.

 

avatar of the starter
Vivek LegalPetition Starter

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Attorney General of India
Attorney General of India

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Petition created on 31 December 2021