Supreme Court Issues Notices to Centre, States on PIL Against Fake Cases
Apex Court Directs Governments to Respond Within Four Weeks on False Litigation PIL
Key Points:
- Supreme Court sends notice to Centre, all States on false cases PIL
- PIL claims 2 lakh people die by suicide yearly due to fake complaints
- Petitioner proposes 'Satyug Act' to deter false litigation in India
In a significant development, the Supreme Court of India has issued notices to the Central Government and all State Governments on a PIL targeting false cases and perjury, directing responses within four weeks.
This development is certainly going to have a major impact on the fate of cases filed under several acts that have seen rampant legal misuse over the years.
The PIL was filed by Ashwini Upadhyay. It addresses the widespread problem of malicious litigation in Indian courts. The next hearing is scheduled for the last week of March.
The Scale of Fake Litigation
India currently has around 5 crore cases pending in courts. The petition claims a large proportion of these are fabricated.
Minor disputes are often turned into serious criminal charges. For instance, land disputes are reportedly inflated into cases under the SC/ST Act. Moreover, such disputes are sometimes framed as molestation or rape charges.
Similarly, ordinary marital conflicts frequently lead to dowry cases. These cases often drag in the husband's entire extended family.
The Human Cost
According to the petition, around 2 lakh individuals die by suicide annually. This toll is attributed to harassment from false complaints, fabricated evidence, and biased investigations.
"The suffering caused by fake litigation is immeasurable," a legal expert noted. "Innocent families are destroyed before courts even take up the matter."
The 'Satyug Act' Proposal
Upadhyay has included a draft legislation called the "Satyug Act" in his petition. He argues that nations such as Singapore, Japan, and the United States treat false complaints as serious offences.
In those countries, giving fake evidence attracts strict penalties. However, India's system currently lacks adequate punishment for those filing false complaints. Besides, those conducting biased investigations or submitting forged affidavits also go largely unpunished.
The petition specifically demands strict enforcement of Chapter XIV of the Bharatiya Nyaya Sanhita (BNS). This chapter governs offences related to false evidence and crimes against public justice.
Two Key Preventative Measures Proposed
The petition suggests two immediate deterrent steps. These are outlined below:
| Measure | Details |
|---|---|
| Mandatory Warning Boards | To be installed at all police stations, tehsils, court campuses, and universities, warning that false complaints attract a 5-year prison sentence |
| Written Undertakings | Anyone filing a complaint, submitting evidence, or providing an affidavit must sign a declaration acknowledging a 5-year jail term if claims are found false |
Upadhyay argues that these psychological deterrents would certainly discourage individuals with malicious intent. In his view, fake complaints would be abandoned right at the police station stage.
Impact on Judiciary
The burden of fabricated cases on India's judiciary is significant. On the other hand, strict enforcement of existing BNS provisions could help ease court pendency. The matter is expected to come up before the Supreme Court in the last week of March.
