Retired Supreme Court Judge B.N. Srikrishna, who previously served as the Chief Justice of the High Court of Kerala, recently discussed the misuse of rape laws in India. He suggested that the names of those accused in rape cases should be kept anonymous due to the increasing misuse of these laws.
Justice Srikrishna noted that despite changes to rape laws following the Nirbhaya case, the conviction rates remain low. He emphasized the need for a more objective approach to rape cases. According to him, while the law presumes innocence until proven guilty in most cases, rape cases often treat the accuser’s statements as absolute truth, which was not the law’s original intent.
He pointed out that during his tenure, he encountered situations where allegations of rape emerged from personal disputes or secret relationships. In these cases, he observed that the accused was quickly labeled as guilty, with their names splashed across headlines, while acquittals received little attention.
Justice Srikrishna criticized the current approach, saying that it creates an imbalance. He argued that while rape victims have gained greater protection under the law, the accused often face undue harm without similar safeguards. He proposed that anonymity should extend to both victims and accused to ensure fair treatment.
Speaking during the premiere of the film “India’s Sons,” Justice Srikrishna called for a movement to address this imbalance, stressing that the legal system must evolve to protect all parties involved.
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