File photo of BCI chief Manan Kumar Mishra, Chairman
File photo of BCI chief Manan Kumar Mishra, Chairman | Facebook
Text Size:
  • 3
    Shares

New Delhi: The chairman of the Bar Council of India, Manan Kumar Mishra, Tuesday said there was a need to examine the statements of rape and sexual harassment victims more cautiously.

Mishra was speaking in the wake of allegations of sexual harassment against Chief Justice of India Ranjan Gogoi, who has since been cleared of the charges.

“Some Supreme Court judgments have said that the statement of the prosecutrix in rape cases is enough and does not require further corroboration…That is against the spirit of justice, and needs to relooked,” Mishra told ThePrint.

“As a result, some women take undue advantage of the law and falsely implicate men, who then do not have any (legal) protection,” he said.

“We are not saying that rape is a good thing, Mishra added. “Nobody would ever say that, but there ought to be proper safeguards for everyone.”

Under current laws, an accused can be convicted under Section 376 of the IPC on the basis of the statement of the prosecutrix alone, and her testimony is not tested like other evidence so long as it is found to be reliable.

Mishra’s comments come a day after a report claimed that the Bar Council of India (BCI) had asked its members to attend the “Men Too Movement” protest Monday.

“The Common Lawyers who have trust in the Institution should support the men too movement and should assemble at India Gate today at 4 pm to show their solidarity with the C.J.I. Mr Ranjan Gogoi,” a statement by the BCI reportedly stated.


Also read: Woman in CJI Gogoi sexual harassment case to move court against her sacking


BCI had backed CJI in row

Earlier this month, the BCI had expressed apprehensions over the veracity of the sexual harassment charges made by the complainant against CJI Gogoi. In a statement released soon after the charges had first surfaced, the BCI said there appears to be “something fishy” about the complaint, and alleged that “a dirty game” was being played out to destroy the reputation of the Supreme Court.

“All we are saying is that the Evidence Act should be followed in letter and spirit, and charges even in rape and other such cases should be backed with evidence and not just statements,” Mishra told ThePrint.

“Even in 498A, we had found there was misuse…50 per cent of the cases filed are false,” he added. “In that, the Supreme Court has realised that it is dangerous (to have such laws).”

In what was described as a dilution of Section 498A, which pertain to cruelty subjected on a woman by her husband or his relatives, the Supreme Court had said that an initial probe by a family welfare committee would be needed before arrests are made under the law. However, this provision was later restored and immediate arrests under the law have come into force again.


Also read: SC collegium’s two new judge picks set to give India its second Dalit chief justice


 

Get the PrintEssential to make sense of the day's key developments


  • 3
    Shares
5 Comments Share Your Views

5 COMMENTS

  1. In one of the case that is on , the High Court relying on “”allegations” making it the “backdrop of circumstances” upholds the version of the woman. – without evidence. The Judge does not ven make a single comment on ” evidences – plural – that clearly says the woman is lying. That is what High Court orders are, This stpid system has to fo, men or woman must be dealth based on evidence, facts. This is a bullshit system of justice deliverence. Where is the justice? We say, Learned Judges? Where is the learning and where is the Judgement. Plain stupid situation

  2. There is too much wait given to a woman statement with respect to sexual harrassment and this has led to woman taking advantage .This is quite unfair and the men have to face a situation of helplessness even if there is no iota of truth. There should be severe punishment for falsely accusing men of sexual harrassment and also at the same time if there is any truth the men should be punished .Today woman should not misuse which only result in the real woman who is a victim suffers

  3. It is so realised when it is experienced by none other than CJI . When many common men were victimised by its misuse it was triumph of justice ,now high positions were shaked by it , it is misuse , all these things once again show that , equality before law is a mirage .

  4. SC/ST POA Act is also similar and more draconian. Under the POA Act, an accused, even if mere infant, will first be arrested and put in jail, and then investigation will be done at the sweet and free will of the police. Simultaneously, the complainant will be handsomely rewarded from public money. Needless to say, if the case fails, no punishment befalls the complainant and no recovery of prize money is done.

  5. Nothing in life is ever taken at face value. That is what a fair trial is meant for. The context in which this statement is made is deeply hurtful. Not just the laws but many important judicial verdict, including those of the apex court, give a lot of presumptive weightage to a woman’s word because there is a social reality of extreme vulnerability that it acknowledges and seeks to redress. Not a gentleman one would ever retain as a lawyer …

LEAVE A REPLY

Please enter your comment!
Please enter your name here