synopsis
The Court emphasized the need for caution in considering bail applications and criticized the bias against males in the legal system. It pointed out that treating all allegations in an FIR as gospel truth without considering the ground realities leads to significant injustice for men.
In a recent judgment, the Allahabad High Court expressed concern over the misuse of laws pertaining to sexual offences, stating that genuine cases have become an exception. The Court observed that girls and women often have the upper hand in such cases, leading to the easy implication of boys or men based on false allegations. It noted an increasing number of cases where girls and women allegedly take advantage by filing FIRs after engaging in a long physical relationship with the accused.
The Court emphasized the need for caution in considering bail applications and criticized the bias against males in the legal system. It pointed out that treating all allegations in an FIR as gospel truth without considering the ground realities leads to significant injustice for men.
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Furthermore, the Court highlighted the influence of social media, movies, and TV shows in shaping a "culture of openness" among adolescent and young boys and girls. However, it warned that when this conduct conflicts with Indian social and family norms, maliciously false FIRs are often filed to protect the honor of the girl and her family. The Court's observations shed light on the importance of striking a balance between protecting genuine victims of sexual offenses while safeguarding individuals from false accusations.
While granting bail to Vivek Kumar Maurya, who was accused of sexual harassment and penetrative sexual assault against a minor by promising to marry her, the Allahabad High Court made significant observations on the prevailing dynamics of such cases.
Justice Siddharth, presiding over the case, expressed concern about the increasing trend of malicious First Information Reports (FIRs) filed after disputes arise in live-in relationships. The Court pointed out that as partners in such relationships become aware of each other's true nature over time, conflicts may arise, leading to the lodging of false allegations.
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The influence of social media, movies, and other factors in raising adolescents' awareness and causing a loss of innocence at a younger age was also noted by the Court. It highlighted that the traditional presumption of innocence has been affected by the changing dynamics of modern relationships, leading to unforeseen deviant behavior among adolescents.
The accused in this case faced multiple charges, including sexual relations with the minor girl on several occasions, marrying her solely for sexual enjoyment, and even allegedly compelling her to engage in a physical relationship with his cousin, resulting in abuse and assault when she protested.
While granting bail, the Court acknowledged the need for a re-examination of the law in such matters, considering the changing socio-cultural context. These observations highlight the complexity and sensitivity of cases involving sexual offenses, especially concerning minors, and underscore the importance of ensuring justice while guarding against false allegations.