Former Supreme Court Justice and Ex-Chief Justice of Kerala High Court, B.N. Srikrishna, has raised concerns about the misuse of rape laws in India. Speaking on the low conviction rates in rape cases, Justice Srikrishna stressed the importance of keeping the accused’s name anonymous until proven guilty.
During a public discussion, he stated, “Despite amendments to rape laws post the Nirbhaya case, conviction rates remain low. We must address whether the woman genuinely suffered cruelty and atrocities. Currently, in rape cases, the accused is often presumed guilty based solely on the victim’s statement. This was never the intent of the law, nor is it the right way to empower women.”
Justice Srikrishna shared examples from his tenure as a judge, where false rape allegations arose from consensual relationships or disputes after cohabitation. “Sometimes, in cases of secret affairs becoming public, women have cried rape to avoid social stigma,” he explained.
He criticized the media for sensationalizing accusations while ignoring acquittals. “When a man is accused of rape, it makes front-page headlines, but when he is acquitted, it barely gets any attention. This imbalance is unfair and damaging,” he noted.
Discussing the evolution of rape laws, Justice Srikrishna acknowledged the earlier challenges women faced in reporting sexual assault, including humiliation and the need to repeatedly recount their experiences. This led to laws being tilted in favor of women to encourage reporting. However, he pointed out that these safeguards are now being misused in some cases.
“If victims deserve anonymity to protect their dignity, why shouldn’t the accused also be granted the same until proven guilty? It’s time to address this imbalance,” he argued, calling for a movement to protect the identities of both parties involved in rape cases.
Justice Srikrishna shared his views during the premiere of the film India’s Sons, which explores the impact of false rape accusations.
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