– Anuja Kapur –
Women were considered as a minority and weak in our society. As we face various heinous crime towards women every day. Our constitution and Indian penal code has special legal and fundamental rights for women. Our criminal law was amended to safe guard the rights of women the legislative, administrative and judiciary has a soft corner for them.
It’s unfortunate that the law which safe guards women interest has somehow robbed men fundamental and legal rights. Days have gone where the husbands had to suffer on account of false implicates by wives under section 498A of Indian penal code and under section 13 of Hindu Marriage Act of 1995 and others who were suffering from allegations and litigations under various personal laws. Now the law enforcing authorities and the judges are well versed with the malicious acts of wives who unnecessarily buckle their husbands with many falsifications.
Even Supreme Court and High courts have shown serious concerns about the nature of errant wives, women colleagues and women friends while interpreting the veracities of the cases in hand. Many men are still behind bars on account of many false allegations. The practical view taken by the judiciary with regard to the nature of offences, occurrences of offences, execution of cases by police officers and their implementations which target men and their families. This brings defamation and bad name to not only to their character but also a major dent in their family social status. They are crippled for life and become a target of mockery for society.
On similar lines, the decree is given in favour of men in cases of divorce orders to wife. In the cases related to false implication of cases the women are award with compensation and penalty too. There is a new paradigm shift which enables the men to safe guard their human, civil and legal rights.
53.2 per cent rape cases filed between April 2013-July 2014 false, says DCW. The report says that between April 2013 and July 2014, of the 2,753 complaints of rape, only 1,287 cases were found to be true, and the remaining 1,464 cases were found to be false.
After the infamous 2012 gang rape of a student on a bus in Delhi, the number of rape cases reported to police in India rose sharply. But one survey concluded that in Delhi, in 2013-14, more than half of these reports were “false” – fuelling claims by male activists that women are alleging rape in order to extort money from men.
The various cases which are been framed against men to defame them and extort money from them are mentioned below:
· Rape cases
· Sexual assault cases
· Domestic violence cases
· Dowry cases
· Blackmailing cases
· Incest cases
· Sexual assault at workplace cases
· Eve teasing
· Stalking
· Abduction
· Kidnapping
Cases with judgements of Honourable courts of India
Rewari court to put four women on trial for filing ‘false rape cases’
A Rohtak court had recently directed complaints against four women in separate cases, where their versions of rape complaints fell flat during police investigation and court trials.
Case 1: False case against 70-year-old man
Case 2: Kidnapping case filed after minor runs away from home
Case 3: False gang-rape case to settle personal enmity
Case 4: Abduction, rape claim falls flat during trial
Rewari SP Sangeeta Kalia said the recent decisions of the court were clear indications that such false cases will be dealt with extreme strictness. “The police and judiciary are both taking serious view of these false complaints. Section 211 of the IPC ensures that false complainants are appropriately fined and punished,” she said.
Woman faces trial for false rape charge
The woman faces prosecution for making a “mockery” of the judicial system by filing a false case. The woman had accused her dance teacher of raping her on multiple occasions.
Judge Jain said the woman gave false information to the police, forcing them to use their authority to cause harm to the accused’s reputation. “Precious time of the court has been wasted in a false case…I deem it to be a fit case for making a court complaint against the prosecutrix… for furnishing false information to the police,” the court held.
Allow DV complaints on females in household by removing requirement of “adult male” from definition of respondent – Supreme Court judgment
This judgment from Supreme Court in October 2016 changed PWDVA (Protection of Women from Domestic Violence Act), 2005 in a fundamental way. Until this SC judgment, the DV Act allowed for complaint to be filed only against an adult male of the household, and whether other females could also be included as respondents along with adult male(s) was interpreted differently in different judgments, because the basic definition of word respondent included only adult males under Section 2(q) of the act. Basically the DV Act was created on behest of feminist lobby by roping in the beta males and virtue signalling
Delhi Metropolitan Magistrate (MM) court denies interim maintenance under DV Act to wife qualified as beautician
Chennai HC says DV Act (Domestic violence act) is prejudiced and recommends making it gender neutral
Maintenance to wife under DV Act rejected by Pune court because she was working earlier, and now spending time chatting on Facebook and Gmail
Delhi sessions court denies woman maintenance under DV Act on grounds that she was capable of working and without child
A court has dismissed a woman’s domestic violence complaint against her husband and in laws as frivolous and malicious and imposed a fine of Rs 1 lakh.
Metropolitan Magistrate Shivani Chauhan said the woman, a south Delhi resident, had concocted the allegations to harass her husband and extort money from them.
It noted that: “The testimony of the complainant (woman) throws light on the conduct of the complainant and the extent, to which she has falsified and concocted various allegations and has suppressed important facts in order to harass the respondents (husband and parents-in-laws) and had misused the Protection of Women against Domestic Violence Act as a tool to extort unjustified money from respondent no 1 (husband) for unjustified personal gain. It is a fit case which calls for imposition of exemplary cost on complainant, so that like minded people are dissuaded from resorting to such mala fide practices.”
The court directed the woman to deposit the fine in the account of Blind Relief Association.”The imposition of cost is in furtherance of the principle that wrongdoers should not get benefit out of frivolous litigations,” it said.
It’s a need of an hour to excise men rights against women rights and let the Rule Of Law prevails.
While making special laws for women, the legislators must think of victimised sect of society in male line
__________________
About the Author
Anuja Kapur
About the AuthorAuthor & criminal psychologist
Author of the article is famous criminal psychologist
Disclaimer : The views expressed by the author in this feature are entirely her own and do not necessarily reflect the views of INVC NEWS.
