'Women misuse rape law to force lovers to marry them'


New Delhi, May 26 (IANS): Penal provisions on rape have been misused by some women who develop consensual physical relationship with their lovers and after the breakup file false rape cases to force them to marry them, the Delhi High Court has said.

Justice Kailash Gambhir said rape law was often misused by women as weapon for "vengeance and vendetta" to harass and blackmail their male friends by filing false cases to extort money and to force them to marry them.

"Many of the cases are being reported by those women who have consensual physical relationship with a man but when the relationship breaks due to one reason or the other, the women use the law as a weapon for vengeance and personal vendetta to extort money and sometimes even to force the boy to get married to them," the court said in a recent order.

"Out of anger and frustration, they tend to convert such consensual sex as an incident of rape, defeating the very purpose of the provision," Justice Gambhir said, while hearing a case related to a woman's complaint against her lover in Rani Bagh area July 13, 2012.

The rape complaint was filed against Rohit Chauhan, who was allegedly in a relationship with the woman for three years.

The court said that in many cases the woman first agrees to have consensual sex but she files a rape case against her boyfriend when the relationship breaks up in order to "force him to get married, making not only mockery of the marriage but also inflate the statistics of rape cases".

A trial court must cautiously examine the intentions of a complainant girl to find out whether the rape allegation was genuine or had malafide motives.

"There is a clear demarcation between rape and consensual sex and in cases where such controversies are involved, the court must very cautiously examine the intentions of both the individuals involved and to check if even the girl, on the other hand, is genuine or had malafide motives."

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

  

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Comment on this article

  • md azhar uddin, bangalore

    Sat, Aug 24 2013

    if in the reverse way.... if a girl had relationship with a guy and had sex many time,but due to religion problem girl is forced to leave the guy by her parents and to marry another guy of her religion then what is the law that helps the guy who is in relation with the girl....to get her back in her life for marriage as chennai court had announced that if a guy who is 21yr old and a girl who is 18yr old had sex with the muttual understanding then they both are considered as a husband and wife....and if they both wants to break there relationship by mutual understanding they both have to take devorce,.....
    any body have any idea about this...m suffering from the same case....m a muslim guy having relationship with a gujrati girl...but the girl parents are not allowing girl to marry me just because m a muslim... her parents played lots of game to change the mind of the girl and they succeed too....now what should i have to do to get my girl back with the support of law,
    or else have to take some hard decision to finish myself with her family too....
    very much frustrated from this incident dont know what to do or what not to do...to get the girl in my life ...please help me before taking any wrong step....

    DisAgree [4] Agree [5] Reply Report Abuse

  • gaurav, kanpur

    Fri, May 31 2013

    yes u r right. my father also accused of false rape case by a women demanding money. she trapped many person and get money from them.. actually law are totally supporting women thats why we are not able to do any thing..the age of my father is 57 year. our family is in too much trouble just because of this type of law. law should be like that after investigation if man found innocent then women should get same punishment

    DisAgree [1] Agree [10] Reply Report Abuse

  • Sanjay, U.P

    Wed, May 29 2013

    90% Rape case are false,fabricated,conconated and cooked up to falsely implicate innocent people to ruin social prestige and to extort money.indian deaf and dumb government blindly passed anti-male laws in disguise of anti-rape laws.Now thousands of innocent people will be convicted.sisters will loose their brother mothers will loose their sons daughters will loose their fathers and wives will loose their husbands this law is anti-women also.women organisations are making few exceptional case as their front and fulfilling their vested interests and people of dehli are digging wells for themselves by protesting blindly.These women groups are actually terroq groups.Actually this is starting of Women Terrorism which india is going to face.

    DisAgree [2] Agree [10] Reply Report Abuse

  • Anup Kumar, Delhi

    Mon, May 27 2013

    Actually girls feel victim after making consensual sex and then broken relationship and in response they go in court to thrash the boy..law is there for them...actually changed life style do need changed mind set...why feel victim...girl should understand that they are not only body but a complete planet in herself...going for sex to achieve something must not be a character and falling in the trap of someone because of false promise also shows weakness...girls do need intelligent and smart.

    DisAgree [2] Agree [6] Reply Report Abuse

  • Roshan Braganza, Mumbai

    Sun, May 26 2013

    SPOT ON !. Welcome judgement by honorary Delhi high court. It has distinction of being fair to all parties. Eg: Legalizing LGBT rights , quashing kidnapping charges against boy who married a minor girl against the will of parents. Of all high courts , delhi court should be applauded for being real and fairer towards men too.... Best Verdict goes to '' A 15 YEAR OLD GIRL CAN MARRY IF SHE HITS PUBERTY '' . This puts ones personnel belief above secular ( sickular ) law. .....//....... Now coming to news point the misuse is happening since ages making innocent men to languish at jails . The courts should be take into purview of men rights too , and make distinction betwean real 'rape' from being fake. Some draconian women with NGO's looting men with help of certain clauses , the best example of being i gates controversy , it happens world wide too.... A man has every right for sex and need not to marry women after that.... She too equaly participates and enjoys , so she is not a 'victim '. A repent after a relationsip does amount to force. I feel this news should have been came as headlines in daijiworld.com. WELL DONE.

    DisAgree [4] Agree [6] Reply Report Abuse

  • Alan, M'lore

    Sun, May 26 2013

    Some women file false dowry cases like 498a inorder to extort money from the husband. wherein the ladies are given an upperhand in law.
    such things also should be stopped.

    DisAgree [2] Agree [7] Reply Report Abuse

  • John Tauro, M'lore / Kwt

    Sun, May 26 2013

    Not all, but in majority of the cases it is the boy who runs after a girl and somehow traps her through lies and false promises until she gives in. In most cases girls don't give in until they are promised marriage and all comforts of life. Once the game is over, the poor girl is left to her fate who has no choice but to seek vengeance through every possible means.

    DisAgree [7] Agree [6] Reply Report Abuse

  • Jaimini P.B., Manipal,Sharjah

    Sun, May 26 2013

    Boys promise everything when girls demand during sex.Once fun is over,Boys forget everything..but girls CAN'T..Finally,rape case or forced marriage or murder..Trishanku Stage !

    DisAgree [5] Agree [7] Reply Report Abuse

  • Charles D'Mello, Pangala

    Sun, May 26 2013

    Consensual sex must not be considered as a rape for whatever reasons may be..Love, promise of marriage etc. It is better our youngsters learn to control themselves or take care of themselves before marriage. Rape law must have clear cut directions...otherwise some ladies may use it as a tool to extort money. It is sad to note that many men use false love and use false promises to put girls in their trap. Hence it is better to consider the risks involved before getting into a sexual relation, if you are not capable of handling it by yourselves.

    DisAgree [3] Agree [6] Reply Report Abuse

  • avani, mlore

    Sun, May 26 2013

    If the girls are using the law this way against those men who develop intimacy with girls and have relationship by luring the girls, the girls are doing right. Let men mend their ways.

    DisAgree [8] Agree [13] Reply Report Abuse

  • Lydia Lobo, Kadri

    Sun, May 26 2013

    Good point. Why blame women always ? Is it women's alone duty to uphold good conduct ? Why men walk away as if nothing happened ?

    Thank God there is a law that women make use of !

    DisAgree [14] Agree [10] Reply Report Abuse

  • Lydia Lobo, Kadri

    Sun, May 26 2013

    Now, how can it be believed that she was not given a promise of marriage while convincing her to indulge in physical relationship ? Why can't it be that the man denying that he ever promised marriage ?

    Well, when you two cross limit of social healthy habits, you got to bear the consequences. This is a lesson for both - man and woman - do not indulge in sex beyond marriage !

    Keep your mind occupied in good things, associate in some sport, be a member of a public library or take care of your house when you are free instead of befriending with members of other gender to pass time.

    No chance for her to accuse you of rape ? Nor a chance for the woman feel cheated !

    DisAgree [10] Agree [11] Reply Report Abuse

  • Ethan Avidhan, Florida/ Mangalore

    Sun, May 26 2013

    basically what you mean is that all men are cheaters?!!

    DisAgree [4] Agree [8] Reply Report Abuse

  • Lydia Lobo, Kadri

    Sun, May 26 2013

    Perceive it the way you want because never it happened that a woman raped a man ! Its men who do that and they deserve to be punished !

    DisAgree [13] Agree [7] Reply Report Abuse

  • Praveen, Mangalore

    Sun, May 26 2013

    Nothing wrong in it. If men do not want to marry with the lover, then why the men should have fun with women

    DisAgree [12] Agree [17] Reply Report Abuse

  • Lydia Lobo, Kadri

    Sun, May 26 2013

    Exactly ! I like your point !

    Why cry later on ? Why wasn't he aware that such situation might come up ?

    DisAgree [6] Agree [15] Reply Report Abuse


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