#MenToo: Fake rape claims — Gender-neutral laws needed

In two recent orders, SC ruled that consensual sex between a couple in a relationship is not rape. In a majority of cases, however, the balance of justice tilts against the accused
Retired Bombay High Court Judge V M Kanade told TOI earlier, "It is perhaps time to effect a change in law or to clarify the existing position in respect of procedure followed in rape accusations that are made essentially on the premise that there has been a breach of promise to marry, promise on which consent to get into a physical relationship was granted." But, he said, "Let one thing be immediately clear. I am speaking only of cases which are either filed after a substantial delay or after a relationship which may be on and off has ended sourly, often involving an allegation that consent… was given on promise of marriage."

In a bold suggestion, Justice Kanade said, "In such types of cases, the Supreme Court's judgment in the Lalita Kumari matter perhaps needs to be revisited. The judgment says once police are informed of a cognizable offence, they are bound to register an FIR and have no other option.
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But when it comes to certain complaints of rape, either after substantial delay or in the case of a relationship which ended with complaint of consent under promise of marriage, it may merit a preliminary enquiry by the police to verify. This would be as is sought in cases of cruelty to wife under Section 498A of the Indian Penal Code (IPC) where the SC accepted possibility of abuse and directed that police first verify.” This would be as is sought in cases of cruelty to wife under Section 498A of the Indian Penal Code (IPC) where the SC accepted possibility of abuse and directed that police first verify.”
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What should be done to ensure that the police are not hasty in making arrests that can never be undone, even in cases which high courts have described as cases of vendetta? "I think the police ought not to rush into an arrest. They should investigate before effecting any arrest since the power to do so under Section 41 of the IPC is not to be exercised mandatorily in every case," said the retired judge.
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"Arrest is not mandatory unless there is no consent. This procedure of naming the accused in such cases where there has been a relationship for some time which either ended sourly or there was a break in the physical relationship, and it is alleged that therefore it is a case of rape as defined under Section 375 and 376 of the IPC, must change," said Justice Kanade. He added, "Using Section 376 to settle a score or in anger over a break-up or rejection is unfair and in such a limited band of cases you need to protect the anonymity of the accused too."