By Matters India Reporter
New Delhi, April 29, 2022: Men and women have reacted differently to a retired judge’ remarks that rape cases end in low convictions because women misuse the laws.
While men welcomed the remarks as “a bold statement” women found them shocking and traditional attitudes of viewing women as sex objects.
Retired Justice of the Supreme Court B N Srikrishna quoted statistics to point out rape cases ended in lesser conviction even after the amendment of rape laws
“It is time that rape cases be looked at in a very objective manner. We need to question — is the woman really subjected to cruelty and atrocities? Otherwise, in the general course of things, the accused is presumed to be innocent unless proven guilty should apply. However, in rape cases, whatever the woman says is treated as the gospel truth. But that is not the intention of the law. It is not the way to empower women.”
Justice Srikrishna, the former Chief Justice of the Kerala High Court, was on April 23 talking at the screening of documentary film India’s Sons in Mumbai. The film directed by Deepika Narayan Bhardwaj and Neeraj Kumar showed stories of some men falsely accused of rape and later acquitted.
“There is no doubt that rape laws are being misused in the country,” asserted the judge who advocated that the name of the accused too should be kept anonymous.
Reacting to the news, Jose Abraham, a senior Supreme Court lawyer, said the judge’s statement “is indeed a bold statement” that “requires special consideration by the law makers.”
The statement is from “one of the best judges who has a thorough knowledge in criminal law jurisprudence in India,” Jose told Matters India April 28.
Bishop Franco Mulakkal of Jalandhar, who was recently acquitted in a rape case, says “people of vested interest use women as a instruments to get their targets which they could not get otherwise.”
Besides his “most discussed” case, the bishop cited the rape case against Tarun Tejpal, former editor-in-chief of Tehelka magazine. A female colleague in 2013 accused him of sexual assault. The case that received intense public attention and media scrutiny ended in Tejpal’s acquittal in May 2021.
“Name of the accused should be protected at least till the trial is over. Otherwise it is a blunt violation of human rights of the accused,” asserts Bishop Mulakkal. Asking, “Who can compensate me for what I lost?” the bishop says the law must be modified. “All should be equal before the law. Special treatment to women only says that they are inferior,” the prelate told Matters India.
Flavia Agnes, a Mumbai-based women’s rights lawyer, recalls that Justice Srikrishna had given “some very bad anti-labor judgments” as a supreme court judge. “He has retired a long time ago. What firsthand knowledge does he hav about false cases except what he saw in this biased documentary?” she asks.
Virginia Saldanha, a Mumbai-based lay theologian and woman activist, says Justice Srikrishna’s “statements attributing the low conviction rate to women misusing rape laws are shocking.”
She says traditional attitudes view women as sex objects and classify them as morally virtuous or flirtatious. “Flirtatious women are seen as fair game, and blamed for ‘tempting’ men, blurring consent. Hence his suggestion to look at the case objectively, questioning whether she was really subjected to cruelty and atrocities,” she says.
Saldanha says the retired judge “fails to recognize that female babies and even old women have been raped in India. Vulnerability is a crucial factor. Vulnerability varies with the status and power of the rapist vis-a-vis the victim.”
According to her, rape is “an invasion of women’s private body space, a horror which she lives with for the rest of her life. Some do it violently and others use their position of power to bring unsuspecting women into compromising situations which leave them tongue tied to confront that powerful male.”
Powerful men, she adds, continue to use their money power to influence judgments that help them get verdicts of “false case.”
“The cultural attitudes towards women in India contribute heavily to women’s vulnerability. Hence, inequality and vulnerability should always be deciding factors in rape cases provided the judge is just,” she told Matters India.
Another critical factor is that in most rape cases there are no witnesses, hence the testimony of the victim is critical. Often a clever defence lawyer can lure the victim into making a damaging statement. Then the judge has the discretion to determine the truthfulness of the witness. In the Franco Mulakkal case the defence raised several spurious arguments to discredit the victim. For example Mulakkal did not permit the renovation of the convent kitchen, hence the victim was seeking revenge against him! Imagine a former Superior General of a congregation risking her reputation over a kitchen sink? It is absurd.
The comments and observations of the Justice must receive serious consideration. Both the victim and the accused must be protected from publicity. The law must be amended to do this. The victim and relatives will be threatened by the influential and wealthy accused and force them to either withdraw the petition or to change the words said and recorded in the FIR. Another reason is that rape by the advocates, where the victim will be asked totally unpleasant questions and replies. This will be too much for the victim so no case is registered. The FIR will be worded in such a way to protect the accused, if he is influential and wealthy person. In short there are many reasons for low convictions in rape cases.
“Beti bachao, beti padhao”- was one of the slogans of Modi to come to power. Just like other “false” slogans (election jhumla), this too has been buried. He tries to resurrect such slogans as and when needed, just for selfish gains.
Right under the nose of all politicians, who reside in the country’s capital, young girls and women (helpless nirbhayas) are raped almost every day. Is any politician, including Modi-Shah, bothered? NEVER! This is another irony.
Have we ever heard of a young girl/woman, daughters/wives of a politician or rich corporate or judge getting raped. This never happens as they are well protected by goverment machinaries. Another reality is that there is NO UNITY among the “women social/human rights activists”. The Human Rights Commission is mostly a “passive observer”.
So, in India, there is one category of women who live in their safe world and there is another category of women (of marginalized, underprivileged and excluded communities) who always become the VICTIMS OF RAPE. This is the bitter truth. Every sensible citizen needs to understand this. They all need to come together and do something about it.
Or else, rapes will be an unending chapter in India.
Mrs Virginia Saldanha has very clinically dissected the observations of retired Justice B.N. Srikishna on the low conviction rate to women misusing rape laws are shocking.”
Her observations are very apt, especially (1) that Justice Srikishna “fails to recognize that female babies and even old women have been raped in India. Vulnerability is a crucial factor. Vulnerability varies with the status and power of the rapist vis-a-vis the victim.” (2) Rape is “an invasion of women’s private body space, a horror which she lives with for the rest of her life. Some do it violently and others use their position of power to bring unsuspecting women into compromising situations which leave them tongue tied to confront that powerful male.”
At best Justice Srikishna’s comments should be treated as private and not official because they were not uttered in the Supreme Court. Had he done so he would have been roundly censured at the cost of his career.
Interestingly Frightening Franco Mulakkal was very quick to speak on the issue. He should have remembered in the Kerala High Court case to be taken up he still an “Accused” and could end up as a foot-in-the-mouth case if he is convicted.
In my comments there was a typing error in the first paragraph. It should read:
Mrs Virginia Saldanha has very clinically dissected the observations of retired Justice B.N. Srikrishna who has attributed the low conviction rate in rape cases to women misusing rape laws. This is a sweeping observation on women and is very shocking and insensitive.
Even though a male, totally agree with Virginia Saldanha’s views. on this matter. After being subject to the crime, with this the victim will be further punished by having to relive the horror of rape till the trial is over. Bp. Mulakkal obviously likes this narrative as it adds to his claims of innocence and of being “persecuted.” At the most, the law should be amended to have more exemplary punishment for women who misuse the laws.
Is there a rapist who will admit to a crime? More than half of the rapes are where the perpetrator knows the victim ur she is in his custodial situation, including work places, religious places and institutions such as hostels and orphanages. A large number are minors, even infants. Investigations remain primitive, forensic near non existent and investigators pre disposed against victims. Caste and religion add further layers. These weigh heavily against the victim. The retired judge takes a narrow technical view and should in fairness revise his statement.
Every law is open to abuse, but as several judges have remarked – even when a woman files a rape case she is viewed with suspicion. It is illogical for a self respecting woman to risk her reputation by filing a false rape case.
Surprised that Matters India chose to seek the views of Franco Mulakkal. Let us not forget that his acquittal has been appealed against.