By
Pratistha Jain, I Year of LLM, from Amity University, Rajasthan
ABSTRACT
This article basically aims to solve a problem regarding male victims. Females who file fake complaints against a man or her boyfriend or husband regarding rape, sexual assault, dowry, cruelty, domestic violence, cheating etc. just to harass the other party and to extort money from them.
As there is no strict implementation of law and harsh law against such persons so they take advantage of that and do whatever they want, even they are neglecting humanity and laws. They are just taking advantage of the feminism movement and in the name of feminism they are doing such unreasonable and frivolous work. By their acts the accused or that person not only gets defamed but also goes into depression, loses his or her job, his family gets harassed and defamed in society and many more things.
Yes, we all say that if a girl is raped, sexually assaulted or suffers through cruelty and domestic violence, then her whole life gets spoil. She became the victim in the eyes of society, but at the same time, if she does such immoral things, then those people go to tell her about morality, humanity? The same thing happens with the males also; they also get humiliated in the eye of society and go into depression. Society doesn’t even take a single moment to think what is right and wrong, they directly speak in favor of a girl and spoil a male’s reputation in soil.
So this research is not against all women but only for those people who take wrong advantage of the law and do such kind of work. Laws are made for people’s safety, but if they are misused, then it is required to take action. The research paper will further mention the cases and detailed analysis related to male victims and pessimistic impact of feminism.
Keywords
false charges,
feminism,
Male victims,
misusing laws
INTRODUCTION
Women have forced countless barbaric forms of institutionalized discrimination since time immemorial and in all sorts of cultural settings. This is an undeniable and morally disgraceful truth. Consequently, feminism as a movement in seeking to initiate equality for women in the social, political, economic and occupational areas is commendable, praiseworthy and sterling.
Our Constitution of India also provides equality among all people under Article 14. No person should be treated unequal is the basic concept, so why woman is discriminated, and that’s why after some time the feminism movement developed so much and women got so many rights and equality in each or every field.
Many laws are especially related to women, such as –rape, dowry, cruelty, domestic violence, sexual harassment etc. But after some time when women got knowledge about all such laws they started misusing it. They are using it for their own selfish motives such as to extort money, to send their ex-lover to jail etc. by filing fake and false reports against a man, husband or his family. Thus, this all leads to negative feminism or pessimistic impact of feminism.
CONTEMPORARY RELEVANCE IN SOCIETY
There is one quote of EMMA WATSON-
“The more I have spoken about feminism, the more I have realized that fighting for woman’s rights has too often become synonymous with man hating.”
India is always dragged over the coals for its wretched treatment of women, but have you never thought about women harassing a man?
Men's rights campaigners recently gained a huge achievement in India when, basically in domestic abuse cases, the Supreme Court has named them as victims. However, the judges could not make the law gender-neutral. They said Indian women lodged inaccurate domestic abuse charges.
"The majority of such complaints on trivial issues are filed in the heat of the moment." It also claimed that the "implications and consequences" for women of registering a criminal case against their abusive husbands were not visualized. "Uncalling for arrest may ruin settlement opportunities," which is why the plaintiffs in that country have often turned out to be a culprit.
If the Indian Constitution's rights and the other laws are to harass anyone and to continue to be protected are right for women, I don't think that we or women deserve these laws?
By their fake reports they show the victim (man) as a perpetrator or a guilty person and innocent persons goes behind bars without their fault. This supposed conviction leads to dissatisfaction that courts are locations in which innocent citizens are persecuted, so bullying the critics is the best way to get justice and thereby causes them to come and close. The best way to prevent fake accusations and the miscarriage of investigations by police is to try to exclusively prosecute both wrong cases and misleading evidence.
It is time to recognize their issues with social and public health and to establish solutions and approaches that are appropriate. They need to support in crisis and domestic violence: partner violence in particular is a crisis. Adequate action, such as identifying women's abuse as a public health problem; support lines for male victims of violence; educational awareness, and legal protections, will help men victims of violence.
False charges by women must be pursued at all costs. There should be no denying of women's rights, but at the same time, the rampant violation of sexual harassment legislation should not become blind. Delays in legal trials magnify the pain of the accused in such situations. Even in the case of domestic abuse, the use of regulations on sexual assault and similar sections is rampant as no court has opened a falsified claimant perjury proceeding. There is a need to set examples — it can’t be that women are every time right and men consistently wrong. Therefore, the Supreme Court must now provide specific guidance for lower courts and reconstruction of confidence in the judiciary.
A FEW EXAMPLES OF MISUSING OF LAWS
It is the people who are misusing it which are responsible for the adverse reaction of the society towards “feminism”. With the growing popularity of feminism, more and more women are getting empowered. They can speak about sexism, become conscious and independent of their rights. However, there are feminists who have been using the same regulations to shield and physically and emotionally torture men to their benefit.
Even if there were no ideas of feminism, they may also have developed a way to harass people. Instead of blaming feminism, I would like more if people rallied to make some dramatic improvements to our existing rules.
"Since the infamous gang rape case of 2012, the number of cases reported with police in India has increased significantly. But one study concluded that more than half of these reports were ‘false’ and fake, fuelling claims by male activities that women are alleging rape in order to extort money from men and to defame them. Peril of false rape cases on the pretext of one or other has been rising since the new amendment in rape law in 2013 in India.
‘According to the provisional data of the National Crime Records Bureau (NCRB), a total of 38,947 rape cases were reported in India in 2016. In 10,068 cases – about a quarter – the women asserted it was rape on false promise of marriage. About 45% of all rape cases filed in Andhra Pradesh during the last 2 years were listed as "false married" category.
'Jaipur police found that in 2015-16 in Jaipur 4206 fake cases were registered. In most cases, a false allegation with an intent and aim was lodged for the purpose of extortion or defamation of a person.
According to a police officer, these fake cases included allegations of dowry, molestation, cheating, misdeed, misconduct and rape. According to figures accessed by the TOI, maximum fake reports, 1417 were filed in Jaipur (East), followed by Jaipur (West) which found that 1326 cases were false.
It is found that around 50% of cases filed under Section 376 were false. It’s a shocking figure which is unfortunate. The police stations are already overburdened with a swarm of cases, and they have to spend half of their times on examine cases which have no genuine ground.
A familiar pattern is presented in many cases. Girls find a suitable boy, marry him, making his life fallable/hell for a couple of years, ensure no child is born, walk out and shoot multiple cases under domestic violence, section 498A, section 125 for maintenance, to demand jewellery. In most of the cases, the husband’s family is also dragged into the case. The consequence is that the family gets summons, dates with long gaps, leading to harassment. Finally, the family themselves settle the case by making high payments and getting a divorce. Definitely, this is not the intention of these laws, but they are misused for extortion.
A woman is innocent until proven guilty and a man is guilty until proven innocent, it's a tragic state of affairs. Let's pray that these individuals come out of the trauma of it all, don't suffer legally and make full recovery.
This statement must be changed now and the law must be reformed. It should be made gender neutral.
CONCLUSION
Why are this all rights so much misused by women? Women got these all rights for her benefit, for their protection, safety, but a few women are just misusing it by filing false charges and cases against a man, husband or his relatives. Because of such a false charge and for extortion money the defendant’s life is spoiled, he and his family suffer many problems like defamation, mental harassment, monetary loss and so on without any reason, just on false charge, whether at last they proved that charge wrong or won the case, but they already lost many things. Many times such a defendant or a boy or man goes into depression or commits suicide as I mentioned in the above case.
I’m not against women or laws which are made in favor of woman, not even against the feminism movement, those laws are made for the welfare of women, for their protection and safety, and it should be implied correctly. Those persons who commit offences against women must be convicted for their crimes and punished, but those persons who are convicted on the basis of a false report or charge and suffer because of false cases—what about them?
This is a big question… If our law is same for all persons and every person wants to be punished for their wrong deeds, then there must be some compensation or strict punishment for those people who are filing false cases, who are alleging report for no reason, just for their selfish needs. A new law or provision should be made for filing fake cases by girls and compensation must be provided to the victim and his family.
The following moves could finish/end harassment of several innocent victims.
By making strict provisions for all who files fake fraudulent cases. They should be punished.
Cases related to rape should be admitted by court only if supported by medical reports and preliminary findings by police backing domestic violence claims.
Sexual harassment at the workplace, when proven wrong, should result in stricture against the complainant.
False cases and affidavits should be made punishable with 10 years in jail or more by which all women learn the lesson and stop filing fake cases.
The law now must be gender neutral.
This will discourage false complaints and end the resultant harassment. The judiciary has taken on the importance of many cases, and the pendency adds to the lack of confidence in the judiciary. The time has come not only for wrongful women but also for wrongful men to speak out to ensure justice. In reality, the wrong cases undermine women's cause. The need for the moment is a framework in which men are not threatened by false accusations and women are protected.