Laws’ Amendment


Its only after a long journey of struggle, and constant efforts of freedom fighters that India could get freedom. We celebrate Independence Day every year and it is a matter of great pride for us that our learned intellectual leaders framed constitution and certain laws for Indians to abide by certain norms so as to make society live comfortably, by protecting the  rights of citizens. There were undoubtedly certain loopholes in our constitution and that’s why Acts and laws have been amended and reformed from time to time. “Women empowerment” was a necessary step to keep abreast of the international standards. Reservations were made for upliftment of the women. Despite other provisions of cruelty, 498 A was inserted in IPC to clarify cruelty towards a married woman. The burden of proof lies on defendant to prove his innocence in rape cases. Similarly, POCSO Act was introduced in order to rectify the bad plight of the children (girl/boy) falling prey to sexual abuse and sexual assault. The government and judiciary took necessary steps to protect dignity and modesty of the woman. Do you think ladies are safer and happier after having these reformed laws? The answer is unfortunately ‘NO’.

Legislators attempted their best for women empowerment but all in vain since where it (law enforcement) was required, it was not used and where not required it was used to threaten other innocent party. Courts are flooded with fake rape cases.

The Delhi Court passed an order to take appropriate action against a woman for lodging false rape case in which accused person was a known to that woman and had lent INR10, 000/- to the alleged aggrieved woman. Instead of returning that amount to the concerned person, she snatched away INR 5, 000/- from him and detained him in a room stating it as a case of rape and later ended up compromising before the police by taking INR 40,000/-. Despite all this, she instituted a false rape case against that accused man. During the proceedings it was brought to the notice of the Court that she had already filed 6-7 false rape cases against some other people. In the event, she threatened and filed another case against the Defence lawyer, who brought this fact to the notice of the court.

An old age accused person was released in 2013 by the Delhi Court, was trapped in a false rape case filed by his maid servant, who later on reverted her statement, quoting that she did so at the instructions of some other people to acquire his property. The court is flooded with number of fake rape cases and Delhi is called ‘Rape City or rape capital’ due to repeated number of rape cases.

Justice Nivedita Anil Sharma of a fast track court made this comment having released an accused of fake rape case that the trend to file unnecessary fake rape cases is increasing day by day, which is to be controlled effectively.

Justice Virendra Bhatt has also shown concerns in this matter, stating that after Nirbhaya rape case a statement of rape by the aggrieved girl is taken as final and conclusive and therefore accused is arrested and charge-sheet is filed against him. The augmentation of the number of rape cases is pitiable condition for a healthy democratic republic nation. He urged the central government to make necessary amendments in the law.  Either section 357 of CRPC is required to be amended or a new section is required to be added in it. The court must be made competent so as to give the “released accused” relief either by way of compensation by the state or the person who filed false case against that person and a case under CRPC 344 also needs to be instituted for such persons who institute false cases and present fabricated evidence.

Justice Bhatt also stated that accused, who is actually an innocent one, once entrapped by any girl in a rape case has to be in police custody/jail and needs to face mental, physical and socio- emotional torture. In view of all, accused, who proved to be innocent are entitled to damages/ compensation (based on an article published by another lawyer in Dainik Jagran)

(Based upon the Nav Bharat times) Stringent laws after Nirbhaya gang rape case have also increased number of false rape cases. After December 16, 2012; the trial courts acquitted number of accused in false rape cases. In 2012 46% accused were released whereas this ratio increased to 75% in the starting of the year 2013. Prophecies in this regard are of increase in the ratio of acquittal of the accused in this year and in future.

Main prosecutor Mr.T. Ansari in Nirbhaya case states it as unfortunate that some cases are just filed for some personal grudges led by some misunderstanding. Senior lawyer mentions reason for augmented number of fake rape cases and misuse thereof due to unclear or vague interpretation of the law. Other reasons include land, property grabbing etc.

Bhagwan Deen Sahu has made an application to the Hon’ble President of India, requesting to revoke the POCSO Act in public interest, which has already been forwarded to the Home Ministry.

Dowry laws, rape laws and POCSO Act’s provisions are misused for money, land and monetary benefits and to disrepute a person’s goodwill in the society as a tool. H.H. Asharam Bapuji who has shown righteous path to the millions of His devotees is incarcerated by misappropriation of these laws. Who is suffering ? only He? No. Only His devotees? No. If the scenario of these laws does not change so soon, it will demolish decency in our social structure. And we will have to prepare ourselves humiliating environment in and around, where neither woman nor children will be safe. An ordinary person will become victim of these laws and thus will not  be able to contribute his support in Nation’s growth because of false and fake cases traps in day to day life. As far as girls’ and women’s safety and upliftment is concerned, they will not get appropriate jobs and employment due to fear/insecurity on employer’s part for misappropriation of the laws.

This situation can be handled and improved by either amendments & reforms in the present laws or revocation of the laws having side –effects larger than security assurance.

Society is not governed by the laws imposed by the statutes of the state but by the self –imposed laws i.e. “samsakaras”. We get these “samskaras” from our saints who are imprisoned ones, in this or that provision of the law.

Unless our saints like H.H. Asharamji Bapu are freed from all coils of the fake and false laws, our future remains in danger and  no law of the earth can save or safe us, when divine law preachers are behind the bars. Realistically seeking, right now Shri Asharamji Bapu is not in police custody, but our rights to live with dignity and pride away from all evils are in jail. We will have to come forward for this purpose so as to safeguard ours as well as rights of the generations to come.