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

NGO’s working for Men’s Welfare strongly and jointly condemn the legal recommendations made by the Justice Verma committee.

This press conference is being conducted by a coalition of NGOs under the umbrella of the Save Indian Family  (SIF). All NGOs are non-funded , non-profit NGOs fighting for men’s rights, Gender Equality, Judicial accountability and balanced laws. This press conference has been scheduled to highlight the shocking level of biased and anti-male legal recommendations released by the Justice Verma committee.

The coalition is shocked and finds it hard to believe that given the credibility and collective legal experience of the committee how could the committee choose and include only archaic and highly dangerous clauses and exclude female sexual predators who are guilty of committing sexual assault .

Presumption of guilt of a man, removal of misuse clause for women and adding an additional section for matrimonial rape in additional to already existing 15 laws for women in a matrimonial setting is something very preposterous on part of the committee. While the human rights, social rights, and legal rights of women were brought up many times by Justice Verma in his press conference, none of the same rights have been conferred on men through his legal recommendations. Men cannot expect to get a fair trial should any of these recommendations come into existence.

The coalition expresses grave doubt on the level of due diligence claimed by the committee in the law amendment recommendations and believes it is essentially a blind copy of the recommendations proposed by a handful of aggressive women’s organizations invited for deposition.

1. From the report it is clear that a handful of women’s groups were selectively invited for deposition in front of the committee. Most of these groups invited are widely known for their aggressive anti-male approach to gender laws and inclination to safeguard female criminals from crimes against men.

2. That not a single organization working for men’s welfare was invited shows the poor democratic values displayed by the committee. The committee owes an explanation to the citizenry on how it could get the time to listen so many women’s groups but could not find the time to listen to even one men’s welfare group even though men constitute 50% of the population.

3. Female sexual predators have been completely exempted from sexual assault just on account of their gender and the perpetrator has been made a man ONLY. This a unbelievably anti-male stance since the legal systems in whole world as well as the Indian law commission and in its years of collective legal expertise believes that women are as likely to commit sexual assault as men are.

4. Punishment for Misuse of sexual harassment at workplace has now been removed without any reason whatsoever. Also protection for men from sexual harassment has not been included. World over most of the countries have gender neutral sexual harassment laws, a fact that this committee has ignored for the reasons not known.

5. The fact of false rape cases has not been intentionally addressed even as the media and police from various states report that false rapes constitute over 75% to 90% rapes in India. It is believed that rape laws are misused even more than IPC 498A by some studies.

6. Marital rape has been included as a DUPLICATE section even though DV act (Section 3(ii)) is more than capable of addressing these issues. This has been done just to duplicate another cruelty law to increase misuse against men with another anti-male matrimonial recommendation and is a clear violation as per the settled principles of Double Jeopardy. It is shocking that instead of reducing the number of laws for cruelty this committee in all its collective experience has recommended the increase of additional law. As always, women sexual predators have been exempted from punishment for sexually harassing husbands and male children.

7. The committee has ignored the principles of natural justice and in Rape cases supports presumption of guilt on the accused and presumption of truthfulness on the female complainant. We are surprised on how a committee which such eminent panel members chose to ignore this fundamental pillar of justice even as the police reports states that over 74% to 90% rapes in India are false. These recommendations flout the basic principle for laying down the Laws on India which ensures that innocents would get punished by “assumption of being guilty” and going through “grilling Legal process” without any fault.

8. The committee has also not recommended any solution to the overwhelming majority of rape cases in Indian which are consensual sex converted to rape later by women when the relationship sours or marriage does not take place for fault of either of parties.

9. A court in Delhi has recently ticked off a mother and daughter duo for habitually filing false rape cases for grabbing property. There are millions more like these who have filed false cases when jilted or with a hidden agenda. Since over 74% to 90% reported rape cases are false in India, a person accused of sexual assault cannot expect to get a fair trial at all if all of the relevant evidence of the alleged victim’s sexual history is not presented before the court. However the committee has recommended that past sexual escapades of a woman will have no bearing on the current cases essentially striking down another defense of the innocently accused.

10. The Justice Verma committee has diluted Section 14 of the Sexual Harassment Bill appears concerned that it is liable for misuse , while on the issue of 498a misuse which is widely documented the law commission noted that misuse of a section is not ground for removing it. Why are double standards being followed for men and women ?

Demands:

The coalition of multinational NGOs supporting this press conference strongly opposes the legal recommendations and amendments and states that these recommendations if implemented will lead to millions of men being denied protection from crimes committed by women. 

They will essentially be deemed as rapists without any hope of getting a fair trail even as female sexual predators and female false rape case and sexual harassment filers will roam freely in society. The coalition hereby demands that the legal recommendations be scrapped in its entirety and below amends be made.

1. Make Rape Law Gender Neutral as in other countries of the globe with punishment for female sex offenders.

2. Relationship consensual cases should not be allowed to be converted into rape cases as it is insane to do so.

3. Matrimonial rape must be removed as it a duplication of law and will be subject to heavy misuse.

3. Sections like presumption of guilt, suppressing previous sexual behavior and any other section that interferes with right to innocence of an accused and prevents the accused from getting a fair and just trial should be removed.

3. False complaints of Rape cases and sexual harassment cases should be punished severely, so that men are protected.

4. Introduce the much required police reforms and Judicial reforms to ensure justice to all.

Supported By:

 INSAAF, Save Family Foundation Delhi, All India Men's
Welfare Association, Indian Affiliate Chapter of Association for International Men's Rights Activism and
Welfare, MASI , AIFW , MASHAAL, MRA Pune , MILPF, HRIDAYA, Bhavya Foundation.

Must Read :
Justice Verma Report Biased to protect the Rapist women

 

Every Men in India are under high risk of #Fakecases at Home, Office, Road due to multiple anti-Men #Unfairlaw - which became Blackmailing/Extortion Tool. To survive or #FightBack knowledge is Key. Law is not any rocket Science. Buy & start Read Law Books Now!

#UnfairLaw can't bring fairness to any society. Suggestion by NGO working for men was put in dustbin by #VermaComitte. When u term sex without consent & will=Rape, same no more stay as gender specific crime. On Mere allegation & no time limit terming only men/boys #Rapist Unfair. pic.twitter.com/bDAPLGQxIe

— SwarupSarkar (@swarup1972) December 16, 2022

Workplace Harassment bill to be made gender neutral

This press release is by a coalition of NGOs under the umbrella of the Save Indian Family (SIF).


All NGOs are non-funded , non-profit NGOs fighting for , Gender Equality, Judicial accountability and balanced laws by creating awareness towards the creation of balanced gender neutral laws so that they are both constitutional and provide justice to all individuals irrespective of gender and sexual orientation. This press release has been sent to highlight the undemocratic law making process of India and expose the fascist nature of the same.

Workplace Harassment at Workplace Bill is in its current form is unacceptable for a sane and just society because

1.         Women and Child Ministry(WCD) is desperately trying to sneak in an highly anti male bill by hook or crook. The fact that in India the definition of Sexual assault incorporates males but the definition of sexual harassment refuses to consider men as victims is lunacy compounded with ministerial arrogance at best. When challenged with facts WCD minister states that they will conduct a survey of men later which they did not conduct for the past 15 years, but would pass another draconian anti-male biased bill anyways now?  Is this behavior lunacy and fascism?

2.         Women and Child Development ministry's internal committee which is expected to conduct the survey is nothing more than a kangaroo court when to come to men's issues will conduct a survey if men are being harassed at the workplace. Why is the WCD  not using the Economic times and Synovate Survey on sexual harassment. Is it because when the data does not back their preconceived agenda then the Kangaroo courts at WCD prefer doing their own surveys. Economic times is India's premier business paper and Synovate is one of the worlds most credible research organization. Below is the link to the news item and survey findings.

• Survey News at Economics Times.

As part of this very credible and extensive research 527 people queried in the survey across seven cities in the country -Bangalore, Chennai, Delhi, Hyderabad, Kolkata, Mumbai and Pune. Below are excerpts from the report to expose how often Males are sexually harassed.

a) Bangalore: - Half of who agreed that they have been sexually harassed at their workplace said they have been harassed by their female colleagues. Only 32% said that they were harassed by Male colleagues.

b) Hyderabad: - 29% of said they have been sexually harassed by their female bosses while 48% accused their male bosses.

c) Delhi: - Numbers are even, with 43% pointing a finger at their female colleagues and an equal number accusing their male colleagues of sexual harassment.

d)  38% of the respondents agreed that in today's workplaces, even men are as vulnerable to sexual harassment as women. In Hyderabad and Mumbai, 55% of the respondents agreed to this point.

e) Many of the corporate and PSUs, ET spoke to, agree to this new trend and point out that many male employees do not come out in the open and file complaints because they feel they will not be believed, considering India's social beliefs. They usually seek a transfer to get out of the situation or find a new job.

From the above facts of the report it can be concluded that Sexual Harassment of Males at Workplace in India is more than that of women since in most cases males do not even file complaints for the fear of Social ridicule.

3.               Indian industry, media and people alike have overwhelmingly demanded a gender neutral workplace harassment bill and country’s gender laws cannot be determined by a few radical feminist organizations in collusion with the WCD.

4.               The bill was gender neutral to begin with till the intervention of the WCD and militant   womens NGO’s after which the name of the bill was changed to The Protection of Women from Sexual Harassment at Workplace Bill, 2010.

5.                  WCD Ministry which stated in 2010 that “Protection of men is also not the mandate of Ministry of WCD” as the justification for not to include men under the ambit of the Sexual harassment bill now states that it will conduct a study on men’s sexual harassment. This clearly points to the severe desperation and the dubious nature of gender lawmaking in India. Removal of WCD of law making is now extremely urgent given the extremely poor credibility of this organization as a gender law making body.

6.                  Over 35 countries in the world have gender neutral sexual harassment policies, a fact that was presented many times to the WCD only to be dubiously ignored each time.

7.               It out-rightly violates the essence of article 15 of Indian constitution which prohibits discrimination against any citizen on the grounds of religion and sex. Positive discrimination of women does not men absolving them for punishment for committing offences because of their gender. It has been acknowledged the world over that workplace harassment is gender neutral crime and women have equal or more propensity of committing it. Vishaka judgment nowhere mentioned that women must be absolved of the offence of sexual harassment because they are women.

8.            The Drafting committee arrogantly ignored overwhelming public opinions asking for the bill to made gender neutral and thereby exposed the fascist law making attitude with which gender laws are drafted in India.

Demands :

The coalition of multinational NGOs supporting this press conference strongly opposes the Bill in the present form and demands that the current draft prepared by the WCD be discarded and a fresh draft be created taking into consideration the following points.

a)      The Sexual Harassment at Workplace Bill must be reviewed and amended immediately to make it Gender Neutral. The word Men/women to be replaced by person or employee.

b)      No direct money should be given to the person who complaint, all fine should be go to an employee welfare fund. This will reduce the instances of misuse and extortion.

c)      If the case is found the false/fabricated or filed with an intention derive personal benefit, the person should be fined or sacked summarily without any discretion.

d)      No outsiders must e allowed into the committees .  No women’s rights NGO;s or NGO working for the cause of women must be allowed to earn revenue from sitting in these committees and converting normal cases into cases sexual harassment.

e)      The offence to be categorized into to 5 levels and the fine or disciplinary action should be as per level of then offence found in enquiry.

f)        If any person is not satisfied with the committee’s findings and conclusions they will have the right  approach the court, but no way the employer or enquiry committee member should be involved in that case to defend the accuser.

Supported By 

MenSeekJustice USA, Save Family Foundation Delhi, All India Men's Welfare Association, Indian Affiliate Chapter of Association for International Men's Rights Activism and Welfare

Sexual harassment bill: Not enough teeth? - NDTV.com

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