Supreme Court: Indian women won't make false rape claim

Submitted by anthony on Mon, 2010-01-25 18:07

Article here. Excerpt:

'Mumbai: In an observation that could have far-reaching implications in the prosecution of rape cases, the Supreme Court recently observed that an Indian woman would never make a false allegation of rape, given the social stigma attached to it. This is likely to bolster the cases of rape victims and may have a bearing on recent cases involving actor Shiney Ahuja and Shree Ram Mills scion Abhishek Kasliwal.

“In Indian society, any girl or woman would not make such allegations (of rape) against a person as she is fully aware of the repercussions flowing therefrom. If she is found to be false (sic), she would be looked at by society with contempt throughout her life,” the apex court observed.

Upholding the seven-year imprisonment handed out to an auto-rickshaw driver who raped a 12-year-old in 1988, a bench of justices JM Panchal and Deepak Verma stated: “For an unmarried girl, it will be difficult to find a suitable groom. Therefore, unless an offence has really been committed, a girl or a woman would be extremely reluctant even to admit that any such incident had taken place which is likely to reflect on her chastity (sic). She would also be conscious of the danger of being ostracised by society.”'

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... entirely. In the particular 1988 case cited the victim it seems was indeed raped. However there was the evidence of "red-handed apprehension" involved in that case as well as other forms of evidence. This is much different from a case where someone claims she was raped and has nothing but the claim to go with.

Disturbing is the myopia at the highest levels of gov't. The Indian SC is saying that, categorically, because a girl is Indian, she would *never* make a false rape claim. That is like saying that because I am a man I would never swear a false oath in a matter of commerce because to do so would so undermine my credibility in trade and thus endanger my livelihood that it is out of the question. It is at best a form of circular reasoning and at worst a form of shameless pandering that leaves a man at the mercy of a court system that cannot see the forest for the trees.

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Submitted by Matt on Mon, 2010-01-25 18:36

What about the stigma attached to a man accused of rape? Even when he is later found to be innocent, it stays with him for life. Loss of spouse and friends; inability to get a job/having his name place on the internet; depression and anxiety; etc. Some guys get beat up and/or kill themselves. All over a false claim.

This law shows total disregard for the consequences suffered by men who are falsely accused. It treats them as merely collateral damage in the 'war on rape'.

-ax

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Submitted by axolotl on Mon, 2010-01-25 21:20

In India, different benches hear different cases, so this is not necessarily the opinion of the court. In 2007, two judges of the Indian SC wrote "The courts should, at the same time, bear in mind that false charges of rape are not uncommon. There have also been rare instances where a parent has persuaded a gullible or obedient daughter to make a false charge of a rape either to take revenge or extort money or to get rid of financial liability. Whether there was rape or not would depend ultimately on the facts and circumstances of each case." You can find this judgment at http://www.indiankanoon.org/doc/752530/

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Submitted by mcp on Tue, 2010-01-26 08:49