Should "Capital Punishment" for false Rape accusation

Advocate

Gender biased Rape laws are being misused by women. Abuse of these laws are destroying men, their self esteem, their family and society. I think there should be severe punishment for false accusation of crime, and it should be capital punishment for false accusation of rape.

Read this news story:http://www.thaindian.com/newsportal/uncategorized/court-acquits-four-men-framed-of-rape-charges_100188711.html

New Delhi, May 5 (IANS) Twelve years after being falsely accused of rape and later convicted, four men were Tuesday acquitted by Delhi High Court of the charges brought against them by a s*x worker with the alleged connivance of some Delhi Police officials.
One of the men, Pankaj Chaudhari in his plea before the court claimed that he was “paying the price for opposing a flesh trade racket near his house in 1997″.

He was arrested, along with his brother Gunjesh, and two friends Jailal Yadav and Kashim Rain, on charges of raping a neighbour, who allegedly ran a prostitution ring.

They were jailed on July 28, 1997, and then convicted for gangrape in 2000, after police then manning the Hauz Khas police station - apparently at the instance of the s*x worker - decided to frame them for protesting against the racket which led to her business suffering.

Subsequently, an inquiry was ordered within the police department. The high court released the four men on bail in 2001.

“Due to allegations of rape, a stigma is attached to our names and we are facing great hardships in finding any job for our livelihood. We have been thrown out of jobs and are unable to live with dignity because we are called rapists,” they stated in their petition.

Justice S. Muralidhar acquitted the four, but reserved order on the plea of taking action against the then police officials involved in the case.

After they were convicted in 2000, their relatives alleged foul play, which led Amod Shastri, heading an NGO called Nyay Bharti, to probe the case.

Shastri’s efforts revealed that while the woman claimed she was raped at 9.30 p.m. by the four, another complaint in the same police station showed that she was arrested the same afternoon for indulging in flesh trade and let off at 10.30 p.m. on a bond of Rs.500. This indicated that she was actually at the police station at the time she claimed to have been raped at her home.

 

New Delhi, May 5 (IANS) Twelve years after being falsely accused of rape and later convicted, four men were Tuesday acquitted by Delhi High Court of the charges brought against them by a s*x worker with the alleged connivance of some Delhi Police officials.
One of the men, Pankaj Chaudhari in his plea before the court claimed that he was “paying the price for opposing a flesh trade racket near his house in 1997″.

He was arrested, along with his brother Gunjesh, and two friends Jailal Yadav and Kashim Rain, on charges of raping a neighbour, who allegedly ran a prostitution ring.

They were jailed on July 28, 1997, and then convicted for gangrape in 2000, after police then manning the Hauz Khas police station - apparently at the instance of the s*x worker - decided to frame them for protesting against the racket which led to her business suffering.

Subsequently, an inquiry was ordered within the police department. The high court released the four men on bail in 2001.

“Due to allegations of rape, a stigma is attached to our names and we are facing great hardships in finding any job for our livelihood. We have been thrown out of jobs and are unable to live with dignity because we are called rapists,” they stated in their petition.

Justice S. Muralidhar acquitted the four, but reserved order on the plea of taking action against the then police officials involved in the case.

After they were convicted in 2000, their relatives alleged foul play, which led Amod Shastri, heading an NGO called Nyay Bharti, to probe the case.

Shastri’s efforts revealed that while the woman claimed she was raped at 9.30 p.m. by the four, another complaint in the same police station showed that she was arrested the same afternoon for indulging in flesh trade and let off at 10.30 p.m. on a bond of Rs.500. This indicated that she was actually at the police station at the time she claimed to have been raped at her home.

 

 
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Legal Practioner

definitely, but abuse of law is abuse irrespective done by a man against women or women against man I would like to quote which  Dr. Justice A.S Anand has observed which I found it very appealing "Fight for gender equality is not a fight against men. It is a fight against traditions that have chained them ------ a fight against attitudes that are ingrained in the society --- it is a fight against the system ---- a fight aginst proverbial Laxman Rekha which is different for men and different for women. The society must rise to the occasion. It must recognize and accept the fact that men and women are equal partners in life. They are individuals who have their own identity"  I do not agree with the gender baised laws. It is the implementators who are at fault and not the laws.   

 
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Advocate

Well I differ Manasi- It is not the implementers but the Law is at fault. The laws are designed to promote abuse. The adminstration of laws are at fault.

See the previous case in news quotaion. High Court is taking action against the police official, but no word againt the women accuser, who falsely accused the innocent persons, who falsely deposes in court in trial- they are scot free because they are women. This is Gender Bias!

In our legal system false accusation by women is not a crime- it is something which the law encourages in various forms. Therefore law is at fault.

 
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Legal Practioner

Sir, If u are talking about abuse or misuse of law, I certainly  feel there is no law in this Country remained which is not yet  abused, or misused. In the cases which u have put up a person who is at fault should be brought to book, irrespective whether she is a women or man. but why a  handful of allegations against misuse of gender laws gets so much limelight. I am not supporting here any misuse by any gender, If u r recommending Capital Punishment then recommend it for every person who makes false accusations, files false case, to cause him/her mental agony, only to harass and tarnish that person's image in the society, 

 
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Advocate

Why abuse of gender law gets limelight? It is because these laws has been enacted favourably for women, under the false presumption that women need special laws. It is abuse of law by a class of human beings, who act as victims. Protection laws must not be misused- for it will remove the very reason of protection laws.

As you are a lawyer, I can be slightly legalisitc. There is a concept called "corpus delicti" in criminal laws. It refers to proof of crime. Before starting a criminal trial, a court should ask for corpus delicti- an independent proof that crime has happened. A person should be put on trial only when there is independent proof of crime- independent proof in the sense that people not accusing the accused can say that crime has happened. Corpus delicti literally means, the dead body. A person should not be put on trial for murder if there is no dead body (dont take the statement literally, try to understand the concept).

In gender biased laws, there is no corpus delicti. Corpus delicti is the view of the accuser women. Say, in an office, a male collegue approaches a women. If by chance women like the collegue, it is proposal; if she does not it is s*xual harassment. Similarly, s*xual intercourse may be making love or rape, based on the views of women. Heated argument between husband and wife can be normal marital happening or cruelty. It is very nature of these laws, which makes these prone to abuse. In these laws there is no corpus delicti, except statement of women. Hence abuse of these laws happens, not in the sense of accusing some innocent person falsely- it is accusing somebody, even when no crime has happened. Thats why these laws are sinister and should be opposed everywhere- in streets, in legislatures and in court rooms.

I agree with you that every false accuser should be severely punished, even with capital punishment.

 

 
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Legal Practioner

Sir, i would just like to clarify ur query (false presumption of women need special laws), this is definitely not my observation but one of hon'able Court in a state where crime rate is the highest and so we need such special laws under the right presumption. Following ur precedent even i got to be bit legalistic The Constitution probihits is "class legislation" and not "classification for the purpose of legislation" If the legislature reasonably classifies persons for legislative purposes so as to bring them under a well defined class, it is not open to challenge on the ground of denial of equal treatment that law does not apply to other persons. The test of permissible classification is twofold 1)that the classification is founded on intelligible differentia which distinguishes persons grouped together from others who are left out of the group. 2)that differentia must have a rational connection to th object sought to be achieved. If there is equality and uniformity in each group the law will not become discriminatory. Any argument that any special law enacted for women is ultra virus the Constitution of India because it accords protection to women and not to men is therefore devoid of any merit. I do not question the whole doctrine of ''corpus delicti" but today where there are cases where legal machinery is full of loop holes how far this doctrine stand to protect the innocent and punish the guilty. I think Dr Justice Anand observation has to be imbibed in spirit but not by reading its mere words
 
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Advocate

You are right. These laws are not unconstitutional, within the meaning of present constitution we have. Thats why I always oppose any challenge to these laws in the present judicial system (in fact once i proposed innocent accused of Section 498A should refuse to apply for bail). Thats why Gandhiji did, when he was opposing an unjust system.

Thats why, mens right group is opposing these laws in the public domain, in the highest court of reason and justice. This court of people is known to have changed various constitutions and political systems- believe me it will change this system too.

 
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Advocate

Why do women make false allegation of rape? Let us see a study- it throws some interesting facts-  Quote-

The National Organization for Women , radical feminists, and Women’s Studies departments, often deny that women make false accusations about rape by asking the naïve, simplistic, and self-serving question: “Why would a woman lie?”

It turns out that there are plenty of reasons women lie about rape, either deliberately or out of desperation.

A U.S. Air Force study, “The False Rape Allegation in the Military Community (1983) investigated 556 cases of alleged rape, and found a 60% rate of false accusations. As part of the study, women who were found to have made false accusations were asked “WHY?”

Motivations given by the women who acknowledged they had made false accusations:

Reason - Percent

Spite or revenge - 20
To compensate for feelings of guilt or shame - 20
Thought she might be pregnant - 13
To conceal an affair - 12
To test husbands’ love - 9
Mental/emotional disorder - 9
To avoid personal responsibility - 4
Failure to pay, or extortion - 4
Thought she might have caught VD - 3
Other - 6
 

The study found that most false accusations are “instrumental” – they served a purpose. If the purpose isn’t avoiding guilt, or getting revenge, it might serve a more focused purpose, for example, telling her parents; “I didn’t just go out and get pregnant, I was raped.” Or, telling her husband, “I didn’t have an affair, it wasn’t my fault, I was raped.”

An unrelated Washington Post article, “Unfounded Rape Reports Baffle Investigators” (6/27/1992) also found a wide range of motivations to falsely accuse men of rape. Anger toward boyfriends was common. One woman had her boyfriend spend 13 months in jail before she acknowledged that she had lied. One woman accused her newspaper delivery man of raping her at gunpoint because she needed an excuse to be late to work.

Neither woman was prosecuted or even reprimanded for lying to the police and attempting to have a man frivolously imprisoned. In a recent US case, police say a young woman who admitted to falsifying two rape reports only wanted a day off from work.

All rape accusations need to be considered seriously, as, no doubt, rape does occur. But a balance needs to be maintained between the claims of the accuser against the all-too-often legitimate denial of the accused.

Women who are found to have made a false s*xual assault complaint should receive the same jail sentence as the male victim would have received if he had been convicted. That will put the brakes on fake rape charges.

Unquote.

Friends, we have to understand the reality. Society doesnot run on emotional rhetoric given by feminists. When we will see reported cases of rape in a newspaper, it is very easy to understand what is motivating the false allegation or whether it is real. Unfortunately Indian Media and people in general, donot have courage to say the reality. It is preferable to be called progressive by supporting feminist views- or you will be branded regressive or male chauvinist pig or men threatened by women's empowerment.

IT TAKES COURAGE TO CALL A SPADE, "SPADE".

 
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Advocate

Rape allegation is also being developed into a lucrative business. Look at this business model- a placement agency, a few women- women placed as maid- make false allegation of rape- extort money and so on.

HT report: http://www.hindustantimes.com/rssfeed/newdelhi/Maid-firm-owner-held-for-extortion/Article1-488195.aspx

A domestic help agency owner and an advocate were among six people arrested for allegedly extorting money from people on the pretext of settling false rape allegations levelled by maids.

A bank manager approached the police claiming that a gang operating in the guise of suppliers of domestic help tried to dupe him.

Accused Monirujjaman Molla (31), manager of placement agency Royal Domestic Centre in Kotla Mubarakpur; lawyer Akash Mufazel Haq (28); Hemant Kumar Dabral (39), Hari Kishan (22) and two women were arrested on December 16.

Manoj Sood had employed a domestic help at his Malavya Nagar house on November 15 from the agency. But, claimed Sood, she was caught stealing a gold set and Rs 2,000 after some time.

Sood lodged a complaint and the placement agency owner took the maid back and promised replacement.

“Within hours, Molla called them and said the maid had been allegedly raped by Sood. She demanded Rs 5 lakh to settle the matter, failing in which she threatened to implicate Sood in a case of rape and physical torture,” said HGS Dhaliwal, deputy commissioner of police (south).

The accused met Sood’s wife and told her to come with Rs 5 lakh to the lawyer's office. Sood reported the matter to police on December 16. On the same day the maid lodged a police complaint.

The police told Sood to negotiate and laid a trap.

The accused were arrested from the lawyer’s office the next day.

Should there be capital punishment for false allegation of rape?

 
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