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.
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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.
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