Ekam  Nyaay  Dialogue

Chandigarh   2026

 “FALSELY ACCUSED MEN AND THEIR FAMILIES ARE VICTIMS OF PROCESS":
JUSTICE RAJESH BINDAL AT EKAM NYAAY DIALOGUE CHANDIGARH

Full Text Of Speech:

" The foundation of the programme is well laid by Ms Deepika Narayan Bhardwaj and then Dr. Ashok Mittal.

There are three sections in the society - men, women and children. We have commission and ministry for women also and children also. For men we don't have. For senior citizens we have special protection of senior citizens act that came in 96. But Anyways, motto of the programme is a very empowered statement - protecting the innocent while empowering the vulnerable. Ekam Nyaay Foundation as said is doing a very good work. Gender equality is the main motto. If we talk about our constitution what article 14 says equality before the law and equal protection of law. It doesn't say anybody has to be biased when deciding anything. Article 21 is there where everything has to be by due process of law, that means, all are equal before the law and due process has to followed by everyone. When finally a case comes for adjudication before the court, it decides on the basis of the evidence. But finally the case is decided either in the favour of man or woman. The general perception is if the court decides in the favour of man, they are biased. If they decide in the favour of woman, then they are biased towards women. But the fact is that we as cannot believe any person blindly. We have to do justice by seeing what is on record before us. It is not what is said in the social media or what is said in the newspapers or what is said outside the court by anyone. That's not our job so we don't consider anything about that.

Dr. Ashok Mittal has given you some brief idea about different enactments. All enactments have infact been enacted by the parliament. All laws are, in fact, enacted by the government or the legislature with a positive objective to address a particular problem and provide a solution. There is no inherent bias or ill intent in the enactment of a law. However, sometimes laws are misused, and people try to take advantage of the provisions meant to protect them.

When such misuse occurs, there are legal mechanisms and safeguards available to address it. For instance, under the Bharatiya Nagarik Suraksha Sanhita 2023 came certain acts changed now 173 BNSS says if the punishment is between 3 to 7 years some preliminary inquiry or approval has to be there and lot of offences against women come in that category except the punishments where there is murder or rape, where the punishment is more than ten years. But there are also provisions for false accusations, there is fine but those provisions are hardly made use of.

If somebody is arrested illegally that person can be compensated. In the POCSO act also if there is false accusation, a person can be compensated. But again, there is no data as to in how many cases, even if there was honourable acquittal and not acquittal on the benefit of doubt, the person was compensated. We have two kinds of acquittal. One where there is benefit of doubt, basically, where there was some evidence, but not clinching evidence. Honourable acquittal means there was nothing against the person. But even in those cases there is hardly anything

In POCSO the burden is reversed, the accused has to prove innocence, presumption is that the offence has been committed. It is a very serious law. We all know the earlier IPC 406, 498A and their misuse and role of advocates in that has been discussed. The Supreme court has said that we need to balance it. There have to be specific allegations. Then we started getting tailor made FIRs. Even persons living abroad started getting implicated, entire families name got mentioned in the case. Even people who did not come for the marriage also, their names got included saying they are all instigating the husband. So these allegations are common. And who is drafting these? Naturally some people with legal knowledge. But courts are trying to balance this. In a recent Supreme Court judgment in 2026, in Ishwar Chand Sharma’s case, it was said that court should be careful before taking cognizance of complaints invoking provisions of rape where parties are heavily embroiled in matrimonial Litigation.So courts have to be very careful.

Now I can share some experience. In 2008, when I was in Chandigarh, I got a case. FIR was got registered by NRI wife of a man who was abroad, they married there also, probably months they have come in India. The wife comes here, stays here for a couple of days. While going back, she files an FIR alleging rape under 376 by father-in-law. The case had come to us for quashing. You can't imagine the level of allegations made and this was in 2008. Another case came. Similarly, a case of NRI family came from Punjab. The couple had already divorced probably in foreign country. The woman claimed she had brought a huge quantity of gold, foreign exchange and her mother-in-law said a lot of theft cases were happening in the area and kept everything with her. A lot of allegations were made against the family regarding that jewelery and cash. It was a case of anticipatory bail. I asked the counsel of the complainant okay we will put them in Jail but we will also register case against you that without disclosing anything at the customs such huge amount of gold and cash was brought to India. So immediately they backed out. So these kind of cases come.

Another case came, where sister of a woman lodged FIR under section 376, rape againts her brother in law. It came for compromise quashing. I asked why did you lodge the case? She said he was harassing my sister so I lodged the rape complaint. So such cases are there. One case came in Allahabad. A person got employment. A jealous person got an FIR registered against the person through his daughter, so that he doesn't get the job. Ultimately, when the matter came to court the girl said her father had asked her to make the complaint. Luckily in this case the process did not take long so the person did not lose his job but he could have lost the job. Whenever such cases come, we try to balance it out because facts speak for themselves.

There are a lot of cases you must have seen under 376 of rape, the sections are different now, with allegations of false promise of marriage. They are living together for 5 years 7 years 10 years and then there is allegation of false promise of marriage. Now this is new section in the court. Let us see how courts interpret it. Such complaints have been quashed by many courts. There are a lot of complaints and FIRs that turn out to be false. If you see the NCRB data, the National Crime Records Bureau the conviction rate in crimes against women is about 25–26 percent. So, what does this mean? There are cases which are false also. There may also be some cases where the evidence was not led properly, but that is not the case in all matters.There are also many issues that come before the courts where false cases of rape are registered in a landlord-tenant dispute.There may be a money dispute as well.

Another problem. In the victim compensation scheme, the requirement is that FIR should be registered. In many cases, only an FIR is registered, but ultimately there is no conviction. The percentage of convictions in such cases is very small. In many cases, the complainant may take compensation, and thereafter, when the trial proceeds, they take money from the accused and simply settle the matter. They lodge a number of such cases. As Dr. Mittal said we do not have the data. In my view, we should have that data. In fact, the compensation paid in such cases should be recovered. If the person is not even willing to stand in the witness box and say that the crime happened and turn hostile then the only idea was to take compensation or money from the accused and settle the matter. So, these kinds of cases need to be taken further, and some data needs to be collected.

What we also see is that there are a lot of genuine cases which are not reported. Genuine cases can be on behalf of the wife as well as the husband. A husband can also be a victim of domestic violence but there is no corresponding law under which he can say that he is a victim of domestic violence.

I would just say that, first of all, whenever there is a problem, it goes to a lawyer and advice is sought from him. When the lawyer gives left right advice, because the mindset at that time is to settle scores. The fact is that in a false case, if the husband or any of his family members are arrested, the case often does not move towards any solution. In Chandigarh there was a case where a husband from a rural village refused to take back his wife, he said she put them behind bars so he will not reconcile.

Police also play a proactive role in these cases. Immediately after an FIR is registered, leaving aside heinous crime cases, they start arresting in these matters or small matters.

That is why the Supreme Court, in one case, said that mediation should be tried first. When I was in Allahabad we started pre Litigation media program and I can say that out of the people who approached us and appeared before the panel, about one-third of the cases were settled. People need some solution, and for that, I think we need to educate people that mediation is one of the solutions available. Litigation is not the only solution. The problem is that even in court, if you ask a litigant, ‘We are sending this matter for mediation,’ they say, ‘No, do it here itself.’ They think that perhaps we are sending the matter to some other court but that's not the case.
In most matrimonial disputes, mediation can be useful.

Just see another aspect. One person is a victim of a crime. We recognise that person as someone who has suffered for example a victim of rape. But another person can also be a victim of the process itself. For example Mr. Sharma here who spent five years in Jail but was acquitted and many more here. These person are accused and after five or ten years of imprisonment or trial, they are ultimately acquitted. That person is also a sufferer. Sufferer of Victim of Process.

In the matrimonial case, female members of the husband’s family who are falsely accused are also sufferers but it is not recognized. They may go to jail or otherwise be harassed for many years or even decades. But it is not seen as crime against women.

Another issue concerns custody. That is very important. It is no longer merely a national-level issue; it has become an international issue. The child is treated almost like a commodity, and the couple starts fighting over the child without considering the welfare or future of the child. There is my report also on this issue but it is lying with the government.

One fact is that organizations like NALSA also supports and assists the husband if he seeks the assistance of counsel at different levels. But the facts remain that these subjects are very important, and some change in mindset is required.

That change has to start with the parties themselves, because they should not think that the only solution is to put somebody in jail at the very first instance. The attitude has to be to resolve the problem, not to aggravate it.

Lawyers have a very important role to play in this. The police also have an equally important role. But when the matter comes to the court, people may say that we are biased, but the court has to balance many factors, looking at the material on record and the welfare of both parties. Basically, this is what we do.

Ekam Nyaay Foundation I think, is doing a very good job, and the subjects covered in the different sessions and panel discussions are very important. I think these kinds of discussions should continue. They will lead us further.

Maybe one day we will see that some law comes into place where the rights of all parties are balanced.

I congratulate Ekam Nyaay for putting together this conference and thank you for your patient listening

Thank you. "