Lucknow, UP, India, 226028

RE-CONCEPTUALIZING WOMEN LAWS: USING WEAPON INSTEAD OF TOOL

Mayank 1

INTRODUCTION

From the past few decades, harassment and sexual assaults are becoming a significant problem in our country. India is worried about many women even after Law was passed way back in 2013to prevent such incident little has changed because the Law was also being misused.

It was a long struggle, but in the end, well worth it in 2013, an Indian law to prevent harassment of women at the workplace was finally enacted. Its main objective is to ensure secure and conducive workplaces for women.

As we all know that Law is not equal to Justice as Justice is ideal, and Law is a tool to get that Justice. And Justice is an abstract, and Law is a fact.

The Law was mainly derived from the VISHAKA guideline; these guidelines were formulated after the landmark case VISHAKA AND OTHERS VS STATE OF RAJASTHAN. Therefore an act was passed in the Lok Sabha on 11th March 2015on 26thFeb. The Parliament of India enacted 2013 from the Rajya Sabha and.

Many social workers and feminists organized the seminar to create greater awareness within the government, civil society, judiciary, and other stakeholders for the effective implementation of the existing Law to ensure that the working women of all sectors can function with their dignity rights in place. However, several surveys confirmed that sexual harassment cases are increasing at a phenomenal pace. Still, some lawyers believe that there are vast areas that even innocent men can be victimizes by women who choose to invoke the Law.

 The rape rate in India is 1.8, which means in 1lk women, 1.8 women might have to face sexual harassment in the relife.They walk free for 75 percent after the full trial while only 25 percent get the punishment by Law, but it’s next to impossible that a man accused of the alleged sexual harassment case can walk free?

 Is it a joke or a question mark on our judiciary system by the so-called journalists and so-called activists who say whatever they want to say and then, the democracy has been blown into symmetries. The judiciary cannot be questioned. Everyone knows that nobody is above the Law; the so-called liberals and feminists who use the democracy as their shield to speak whatever they want to talk should be stopped or should be banned for speaking some controversial statements.

Now as we all know that 8 out of 10 cases which were registered of sexual offence or assault or might be of any eve-teasing are fake and only 2 case are genuine, we can also see the Hon’ble  Supreme Court judgment in which the Court clarify that if any couples who are living together and due to some reason they cannot proceed further then the girl cannot sue the boy on the sexual assault case .which is a right decision taken by the Supreme Court as most of the girls using these things and due to that the innocent is testified and has to face the hate speeches of the so-called Activist women NGO’s and many more and after the TRAIL when he is not found guilty. The court orders to release the accused. Then, the typical feminist uses specific phrases that they walk free from the Court. Such kind of cheap statements sitting in media panel should be identified and should be punished because they are doing sort of contempt against the court decision.

Sometimes the girl’s mind gets violated by her spirit and her very dignity. It is about revenge.

It is becoming privileged to be featured for many hours on prime time show result declared guilty by the media court.

To be the subject of lakhs of post on the Facebook result, people pronounced guilty by people’s Court of “Facebook”.

To have been hashtag hangs the rapist by the twitter court of India.

These are the standard punch line by the people of media and feminists of the society who very passionately envies the speech. Still, this kind of utter nuisance should not be tolerated as the Court is involved and will decide the verdict of the case.

The same kind of thing is noticed when there is a case of divorce in which if the girl files a case of divorce; then there must be a DOMESTIC VIOLENCE Act. DAHEJ PRATHA Act is added, which seems like an icing to the case so it can give the case a proper shape and structure due to which the girl may ask for MAINTENANCE under Section -9. It is common knowledge that every case has some add up materials and has a spicy twist and turn so that the situation becomes stable, but due to which the again the Law which is made to protect the lady is being misused and due to that an innocent is getting punished.

We can smell that it has been deliberately put framed, but on the contrary, all violence is not false, but in 8 out of 10 cases, it is spiced up to make the case reliable.The Law which is hem as a weapon instead of a tool and penetrates the innocent souls to justify their typical feminist approach due to which the man has to suffer and has to pay the price.

In our country, our Law says that we cannot punish any innocent, but these lofty phrases are thrashed due to the women’s empowerment given by the Law itself.

In the past few months, we have seen the ME TOO movement in which many women and celebrities came up and stood up that they have been harassed and was forced to compromise for getting work some many girls and actresses have been gone through this scenario, but this ME TOO movement took a massive scale many girls and actresses who are working and never launched any complaint of EVE TEASING started tagging that they also have faced the ME TOO scenario. If it was the case, why have they not taken any action at that time? Should they have launched a case of EVE TEASING? But why they keep quiet and compromised the thing is that many girls already know that these kinds of tricks work in getting work. Hence, they deliberately do these things, and when any normal movement of FEMINISM arises, they say that they were so harassed and forced to do so.

If they were without their consent came to these activities then the case of RAPE should be launched and if there is a consent between the two people and after that of the girl later threatens the man/boy that she will start a complaint of RAPE assault then in this scenario latest judgment of SUPREME COURT had been passed in which it is clearly stated that if both the parties are in an earlier relationship and if after the breakup if the girl files a complaint of RAPE case the case should not be registered.

I want to conclude by saying that the Laws which are made by the women are no doubt a very significant decision for the welfare and upliftment of the women, but at the same time, certain amendments have to be made parallel by this Law.

  • No initial arrest should be made. 

  • The police should do a proper investigation after the complaint.

  • Chain of custody should not be compromised in sensitive cases like RAPE.

  • If a girl is defaming a boy UNDER SECTION-499 IPC, she should be punished.

  • Both penalties and punishment should be given to a girl for launching a false FIR.

CONCLUSION

To conclude I would only like to say that the Law which is made for the women and girls must be implemented in a right direction and not in a wrong track due to which any innocent suffers, in fact even the innocent is also have the faith on the Judiciary system that if nobody listens then, the Court will and it Justice would be done as it says ‘IT TAKES TIME, BUT IT HAPPENS’—Indian Judiciary.

Author(s) Name: Mayank srivastava (Shia P.G College, University of Lucknow)

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