Ex-Chief Justice Advocates for Anonymity of Rape Accused Amid Rising Misuse of Laws
Recently, retired Supreme Court Justice and former Chief Justice of the Kerala High Court, B.N. Srikrishna, spoke about the low conviction rate in rape cases, highlighting that rape laws are often misused in the country. Justice Srikrishna also suggested that the names of the accused should remain anonymous.
He pointed out on Friday, “Statistics show that even after the amendment of rape laws following the Nirbhaya rape case, the number of convictions has decreased. It’s time to look at rape cases objectively. We need to ask — is the woman truly subjected to cruelty and atrocities? Otherwise, the principle of ‘innocent until proven guilty’ should apply. However, in rape cases, whatever the woman says is treated as the gospel truth. But that was not the intention of the law and it is not the way to empower women.”
Justice Srikrishna added, “As a judge, I encountered rape cases where either in a consensual relationship or in long-term cohabitation, a disagreement leads to the woman accusing the man of rape. There are cases where a secret affair becomes public, and to escape the shame, the woman cries rape.”
He expressed concern about the media’s role, saying, “When a man is accused of rape and arrested, it’s front-page news. But if he’s acquitted, it’s not given the same prominence. This is terrible.”
Discussing the evolution of rape laws, Justice Srikrishna noted, “Earlier, women rarely reported rape due to the humiliation and painful process of recounting their experiences to police and in court. This led to lawmakers tilting the law in favor of women, but now it’s being misused.”
He concluded by advocating for anonymity for both victims and accused in rape cases, stating, “If it’s necessary to protect the victim’s identity, why not extend it to the accused? It’s time to start a movement for this, as the balance has tilted too far.”
Case: Justice B.N. Srikrishna’s views on rape laws and anonymity for the accused.
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