Delhi High Court tells police to take a call on plea to create database of women who file multiple rape complaints

The Delhi High Court on Wednesday refused to entertain a public interest litigation (PIL) petition seeking directions to maintain a database at each police district headquarters of women who have filed multiple sexual offence cases, directing the police authorities to take a call on this issue instead [Shonee Kapoor Vs Union Of India & Ors.].

The PIL was filed by men's rights activist Shonee Kapoor, alleging that rape laws were being rampantly misused with multiple sexual offences complaints being filed by the same victims over personal vendetta, extortion or coercion.

He said the issue warranted court interference and sought the creation of a database of women who filed multiple sexual offence cases.

He also prayed for seizing the identity cards of such women, preferably Aadhaar, to keep a check on them and to protect innocent citizens.

The Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that a response by police to an RTI request revealed that Kapoor’s representation was under consideration.

Hence, the Court disposed of the petition while directing the concerned authority to expeditiously decide on Kapoor's representation. 

“The counsel told about the reply of the authority to his RTI application, informing that his representation received by the police is under consideration of the senior officers. Accordingly, without expressing any opinion as to the merit or claim of the petitioner, this petition is disposed of with a direction to the authority to take an informed decision with expedition,” the Court said. 

When the counsel argued that an order had been passed by the Punjab and Haryana High Court in a similar matter, the Chief Justice questioned,

“So? That is their functioning. Is this a petition or a suggestion? How can a court intervene in this matter?”

The petition before the Court had stated that while there have been instances of multiple sexual offence complaints filed by the same person, the prosecution branch does not have any mechanism by which the same is tracked.

“A number of cases have come in limelight whereby multiple sexual offences complaints have been filed by the same complainants which creates doubts in the veracity of multiple sexual offences complaints filed by the same complainant. The prosecution branch also does not have any mechanism to know about the other complaints of sexual offences had been filed by the same complainant,” the petition said.

The petition further stated that a large number of acquittals in such cases indicated that a number of such cases were false.

“A large number of acquittal of accused persons in Rape cases suggests possibility of falsely implication of accused persons resulting in the infringement of fundamental rights due to the false implication and prolonged harassment under false rape allegations and long trial and investigation. With the growing number of false or unsubstantiated complaints and unavailability of the victims, public trust in rape allegations may erode, making it more difficult for real victims to come forward,” the petition said.