Wednesday, 25 June 2014

Trivial Disputes: Women are filing Molestation cases and misusing #IPC354

Many young guys supported strong #IPC354 without prior understanding of the law, which led to #IPC354 be made non-bailable. As per this law any woman can label a boy as ‘Molester’ without having to undergo a medical examination.

Recently in SIF we are getting many complaints that even age old ladies are filling molestation cases against young boys secondary to trivial disputes such as Parking of cars or bikes.

25 years old Arun, working in Delhi metro one day reached home on his bike and found that their neighbor had parked their bike in his place. He requested the neighbor to move their bike to an alternate place, but they refused and started to abuse him. He contacted Delhi Police at number 100 after which the neighbor removed their bike.

But a big surprise awaited him the next day morning. He received a call from local Police station, that he and his 22 year old brother were accused of Molesting the neighbor who was a 45 year old woman.

Police arrested them both and put them behind bars for 9 days, which is the time it took for them to get bail. All his lawyers and other neighbors asked him to compromise and offer 5 Lakh Rupees to the 45 year old woman. He was left very confused, and wondered why was he put through such injustice? He started calling us to seek answers for why such unfair, biased law was made in the first place?

Mr. Arun is not alone, every day in SIF we witness such cases and find that young guys are totally ignorant and unaware of the dangers of #IPC354. This law was created in a way, that any women irrespective of her age can send any man behind bars by a simple verbal allegation.

In the parliament many MPs did express concern about its misuse, but radical feminists ignored their valid concerns. SIF also made recommendations to ensure innocents were not harassed, however government paid no heed to what MPs and SIF were stating and went ahead in approving this unfair, and biased law.

In another case in a shopping mall, Mr. Karan Gupta, 35 years old, met with an accident. A young woman crashed his car from behind. He immediately started video the situation using his mobile phone.

Photo Courtesy by Mark

Although the woman was at fault, she started to be abusive towards him. In order to seek justice Mr Gupta contacted Police at 100. Police officer took both of them to the local Police Station.

At the Police Station the woman filed a molestation case on him misusing #IPC354. She alleged that he had touched her private parts. Mr Gupta requested the Investigating Officer to record the lying woman’s statement and for her to undergo medical examination. The woman refused to undergo a medical exam. A lady police officer then advised this erring woman that she should not say that Mr Gupta touched her but she should make allegation that he abused her verbally and attempted to touch her body. This made the women change her statement, and IO was about to arrest Mr. Gupta.

Mr Gupta then showed IO the recorded video of what had actually happened. Mr Gupta was lucky that he was facing an honest IO. Looking at the video evidence right in front of him, he closed the case against Mr Gupta. Not only that he went ahead and filed a case against the erring woman under #IPC182 for giving false statement to a government officer with intention to hurt.

Ironically the court gave bail to that woman straightaway despite the Video evidence to support #IPC182.

This is the main reason for increase in false, fabricated Molestation and rape cases in India.

A mere allegation by a 45 years old women, without any evidence, sent two young men behind bars for 9 days. On the other hand, despite video evidence of false molestation charges, a woman got bail in 2 minutes.

Such injustice against boys or men is not new. Law makers are in deep slumber while radical feminist organizations are manipulating the Media. This leads to Media showing only incidents of alleged rape/molestation cases, but they never show any cases in which a man has proved himself innocent after having lost 5 to 7 years running around in courts.

Is there any way out?

Yes, it needs awareness and will power of our Law makers to stop such abuse of  law. They must realize that non-bailable criminal case is not a joke like ordering some Pizza. Such false allegations destroy an innocent, law abiding man’s self-esteem, confidence and faith in humanity.

Any FIR/complaint on the basis of Verbal statement of women which leads to #IPC354 must be made bailable.

The punishment for making false fabricated statement under #IPC182 should be non-bailable and strong punishment in jail terms, without accepting any excuses is the need of the hour. Government must issue strong directions in law itself, so that Judges should not allow bail in such cases where by documentary evidence (like video recording, CCTV footage, Mobile locations, and audio recordings) itself prove the case was false and fabricated.

History has taught us that sending innocents behind bars doesn’t reduce crime rates. It will only have a backlash which will lead to revenge, violence and raised crime in India.

Photo Courtesy by Mark


Anonymous said...

What legal arguments did Arun use to get out of jail? What are the deterrents that one can use when faced with such a situation

Swarup Sarkar said...

To complete the investigation his custedy not reqired .Remedy viedo recording of such disputes may help

Swarup Sarkar said...

You can buy various spy camera link given in Amozen link product in slide show start from pen mobile watch.

Khushboo said...

Could you please help us? My brother was being accused in false rape case by a girl. She got him arrested by saying that my brother had raped her last year. In oct 2016 this year she filed a case. My brother is in custody from last one month and given his sample for medical test but that girl refuses to give sample for medical test. From last one year she was forcing my brother to marry her but as my brother has started his career he told her he is focussing on his career right now. That is the reason she filed the case. Please help us as we don't know much what should we do.. please help us

Swarup Sarkar said...

Such cases are not new, it is going to be norms in India very soon , as this law made on assumption that the girls will never lie. Please call our helpline and nearest weekly meeting, your first priority to get bail and if possible try to close the investigation by IO.