Who Is The Real Victim?

The Delhi High Court recently observed that it had become a trend to register false FIRs in sexual offence cases, thereby tarnishing the image of the man. The police too prefers to ignore them

- Rajbir Deswal

In the Indian social scenario, “jar, joru and zameen (riches, women and land)” are often seen as causes for all kinds of strife. The corrective legal provisions, as enshrined in the statute, are clearly defined. Yet, a reference to the basics is warranted.

It has often come to light, though it is not overtly expressed, that to settle scores with detractors, people use women as shields, who then use disarming tactics and twist facts. This not only makes their case stronger, but the due process of law is misused. Courts, women commissions and other forums are known to have a proclivity towards the weaker sex despite no strong evidence being there to prosecute. At times, the women themselves engineer complaints for extraneous reasons.

The Delhi High Court recently observed that sexual offences falling under Sections 354, 354A, 354B, 354C and 354D of the IPC are serious and tarnish the image of the person against whom they are made. An observation by the Court, which needs to be taken as an advisory by investigating agencies, is: “Allegations regarding these offences cannot be made at a drop of a hat. This practice is an abuse of the process of law.”

Justice Subramonium Prasad was referring to a matter seeking quashing of an FIR filed under Sections 509 (insult the modesty of any woman), 506 (criminal intimidation), 323 (voluntarily causing hurt), 341 (wrongful restraint), 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (Sexual harassment) and 34 (common intention) of the IPC.