HC dismisses plea claiming misuse of rape laws

The Delhi High Court on Friday dismissed a plea which had claimed that the changes made to the rape laws in 2013 and 2018 were being misused by public at large and sought directions to set aside the amendments.

Madhu Purnima Kishwar, a social activist, had challenged the constitutional validity of the Criminal Law Amendment Act of 2013 and 2018, especially the changes made in sections 375 (rape) and 376 (punishment for rape) of IPC, on the ground that they were "prone to gross abuse and misuse by women with ulterior motives" as the sole testimony of the prosecutrix even if not corroborated by medical evidence was enough to convict the accused.

The amendments included, increasing the minimum punishment from seven years to 10 and maximum up to death penalty, raising from 16 years to 18 years the age of consent by a girl for physical relations and that the consent of the woman has to be absolute and cannot be established by circumstantial evidence.

A bench of Chief Justice D N Patel and Justice C Hari Shankar said Kishwar's petition had sought its directions to prevent alleged misuse of the law, but the relief cannot be granted as the court cannot pass orders it cannot execute.

"We see no reason to entertain the writ petition as we cannot pass an order which cannot be executed by this court," the court said.

The petition had claimed there has been a "startling spurt in false cases" in Delhi following these amendment.

Over 53 per cent of the total cases registered in Delhi proved fraudulent, it said.

"Of the total rape complaints in a year, over 25 per cent involve a breach of promise to marry and over 30 per cent involve consensual elopements, with revenge emerging as a prime motive for complaint as per studies conducted by the Delhi Commission of Women," the petition said.