Kerala High Court Acknowledges Rise in False Sexual Assault Allegations

The Kerala High Court has observed that the traditional belief—that women in Indian society would not fabricate allegations of sexual assault—may no longer hold universally true. The court noted an increase in false rape cases in recent years, often filed to settle personal scores or exert undue pressure to fulfill illegitimate demands.

Case Background

The observation emerged during the adjudication of a case where the petitioner was accused of raping the complainant under the pretext of marriage between 2014 and 2019. The First Information Report (FIR) was lodged in 2019, alleging a single incident of rape in 2014. Notably, there had been no contact between the petitioner and the complainant for a span of three years preceding the filing.

Court's Observations

Justice A. Badharudeen, presiding over the case, quashed all proceedings against the petitioner. The court highlighted that the longstanding notion—that women would not make false allegations of sexual assault due to potential prejudice against them—has been challenged by recent instances where such allegations lacked any basis of truth. The court remarked that this shift indicates that some complaints are filed to settle personal scores or to coerce individuals into meeting unlawful demands.

The court referenced the Supreme Court's decision in Wahid Khan v. State of Madhya Pradesh (2010), which acknowledged that, traditionally, women in Indian society are reluctant to report incidents affecting their chastity due to fears of social ostracization and concerns about their future prospects. However, the Kerala High Court emphasized that this perspective cannot be blindly followed in contemporary times, given the emergence of false allegations.

Implications

This observation by the Kerala High Court underscores the need for a balanced approach in handling sexual assault allegations. While it is crucial to provide justice and support to genuine victims, the judiciary also recognizes the potential misuse of legal provisions, which can undermine the credibility of legitimate claims and strain judicial resources. The court's stance calls for meticulous scrutiny of such allegations to ensure that justice is served without prejudice to either party.