False Accusations And Gender Bias In Rape Laws
- IJLLR Journal
- 5 days ago
- 1 min read
Muskan Sharma, CT University
ABSTRACT
The juridical mechanism regulating rape legislation in India has seen considerable development, particularly with the Criminal Law (Amendment) Act, 2013 and the Protection of Children from Sexual Offences (POCSO) Act, 2012. These changes were made with a focus on ensuring strict punishment for the criminal and protection for the victims of sexual assault. The legislation is still predominantly gender-focused, tending to see only women as victims and men as culprits. This narrow approach has created fear about gender bias and abuse of rape laws in the form of false allegations. Although false accusations make up a small percentage of reported cases, they have dire legal, social, and psychological costs for the accused in the form of harm to reputation, mental trauma, and lengthy litigation. Additionally, the existing system of law has no robust procedural protection mechanisms to effectively tackle these issues. This research critically analyzes the legal, social, and procedural aspects of false allegations and gender stereotyping in the current rape laws of India. It adopts a doctrinal approach to examining statutes, legal provisions, and comparative international practices. The research also points out challenges of legal enforcement, societal perception, and media coverage, and recommends reforms such as gender-neutral legal provisions, improved investigative practices, and legal accountability for false allegations. The goal is to promote a fair legal system that guarantees justice for both victims and the wrongly accused.
Keywords: False Accusations, Gender Bias, Rape Laws, Bharatiya Nyaya Sanhita, Legal Reform
