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HC concerned about misuse of rape laws

delhi Updated: May 26, 2013 02:46 IST
Harish V Nair
Harish V Nair
Hindustan Times
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The Delhi High Court has raised concern over increasing instances in which women misuse rape laws to force a man to marry them and also to extort money after having consensual physical relations.

"Most of the rape cases are genuine but many of them are being reported by those women who have consensual physical relationship with a man. But when the relationship breaks down due to some reason, the women use the law as a weapon for extracting vengeance or to extort money and sometimes even to force the guy into marriage," said Justice Kailash Gambhir.

The judge made the remarks in a written order, granting anticipatory bail to a man accused of rape by a woman after he allegedly refused to marry her. While granting relief to the accused, the court took note of the fact that the two had a consensual physical relationship for the past two-and-a-half years. "Out of anger and frustration, the women tend to convert such consensual sex as an incident of rape defeating the very purpose of the provision," said Justice Gambhir.

Pointing out that there was a clear demarcation between rape and consensual sex, the judge asked trial judges to "very cautiously examine the intentions of both the individuals involved and to check if even the girl is genuine or had malafide motives".

"Cases like these not only make mockery of the sacred institution of marriage but also inflate the statistics of rape cases which further deprecates our own society," the court noted.

Questioning the rape theory, the judge who perused photos submitted by the accused of her having alcohol with men said: "She appears to be quite an ultra-modern lady with an open outlook towards life and not a vulnerable woman who would not raise her voice on being exploited over such a long period of time."