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IPC Section 498-A: Misuse

Dedicated to the Victimised Indian Families, Who are falsely threatened & Blackmailed by the Indian Daughters-In-Law & her family members, and those Victimised families who are already falsely charged under the Section 498A. Its all about False charges of Dowry Law, Domestic Violence, Alimony, Marriage and Divorce. NOTE: All articles are my personal copyright. They may be republished if the source is acknowledged and a link provided to this site. This is not an Anti-Women Blog. Read Disclaimer.

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Women go to the police with a complaint (may be false), but the system provides to record that as a criminal complaint and that data adds in to the National Statistics of Crime Against Women. When male goes with a genuine complaint the police at max can record a Non Cognizable offence against the women. That will never reflect in the statistics. Then how will one guage crime against men? Every 100 Suicides in India have 63 Males and 37 Females. Every 100 male suicides have 45 married males, and every 100 women suicides have 25 married Women. Married women suicides have default arrests of the inlaws under presumed dowry death. Married men suicides entitle wife for a 50% share in property. What kind of equality is this? I thank you for visiting my blog, Please visit again. And I welcome you to participate on my Blog. [indianhusbands (at-the-rate) yahoo (dot) com]. Click here for Main Page

Wednesday, September 12, 2012

Sexual Harassment Bill at Workplace remains Unsafe for Men.

Protection of women at work place from sexual harassment. It is a good idea prima facie but the concerns are how well will it be executed?
 
A group of SIF activists including Arnab Ganguly and Niladri Dasgupta took the lead in presenting the loop holes of Sexual Harassment at workplace bill at Rajya Sabha. Somedays back the bill got finally passed in the Lok Sabha. The question remains on how will this empowerment be treated by the misusers. And how will the misusers be treated as the misuse clause is not sharp enough and is arguably protecting the misusers in a surrogate manner. Because it is not Gender Neutral and is not stringent on the Misuses. Even Pakistan has a Gender Neutral Law in place is what a Press release by Virag Read. The Indian bill is NOT Gender Neutral.
 
Will the equation on application of Law continue to remain the same?  That is…
1.    Noble Intentions behind making a law.
2.    Application of law by Motivated Unscrupulous Audience by virtue of failsafe misuse of law.

Will the real victims actually use it? And will the Misusers be prevented from misusing it?
 
My Parents knew one Pannalal Sir (Name Changed), he was associated with a Gujarati School in North Mumbai in 70’s; his work was well appreciated and was the natural claimant to take over the post of the Retiring Principal then. Suddenly he lost his job and was charged of attempt to sexual assault by one of his lady colleague.  Some days later his lady colleague succeeded on that post. Pannalal Sir and that lady shared some differences at professional level and all knew Pannalal Sir was a victim of this ambitious rivalry from his lady colleague who managed the filmy scene of a lady running out with a torn blouse from Sirs table when there was no one.  We all know he is innocent but with no scope of medical test in such case, till date the charges with no witness and proof apart from the torn blouse and the lady’s testimony are constant. Sir is no more but the scar is still there.
 
Now in such cases that we see we have to take care of the laws, that are framed. They should be POTENT enough to help the victims and safe enough in not breeding new victims by its misuse, irrespective of its gender.
 
Sexual Harassment can be planned on MALE and so can be its misuse. Misuse of Sexual Harassment at Workplace law is not new. It has been misused since ages to diffuse a man. Be it A BHISHMA who had to face Shikhandi a eunuch in its present birth and a lady who loved bhishma in her previous birth. On the other hand, VishKanyas were used as poisonous ladies to charm and kill the king of enemy troop. 
But one excellent example of Sexual Harassment at Work Place to diffuse the Goal of a Man at work was VISHWAMITRA V/S MENAKA. 
Vishwamitra Seduced by Menaka
Vishwamitra’s Meditation was disturbed by a well planned coup to prevent him from becoming invincible and CEO of a parallel swarg, where he lost his 10 years in his intense love for the uninvited Menaka, who seduced him by allowing her clothes to be blown off by wind. However Vishwamitra had powers to curse the apsara’s which he did to both Menaka and later Rambha. 
But the Current Bill of Sexual harassment at workplace does not have a potent misuse clause, as it is to be applied by only women and it seems more of a formality with no Fear of Permanent effects of Misuse. Hence there is a scope of improvement in upgrading the quality of bill.
 
To be more clear I would say that if the lady is not able to prove her charges it MAY NOT be taken as a misuse. So Pannalal sirs of the world will remain scarred for lifetime. Be it Micheal Douglas of Disclosure against Demi Moore or Akshay Kumar of Aitraaz against Priyanka Chopra. Unless otherwise in real life these heroes will remain villains in the eyes of the society.

And in regular days we see such cases of regular male sexual harassment at work place reported only in sexpert columns because the bill is only for Women and machinery for men in legal framework remains a Castle in the Air.  

If a lady were to be forced in the above case by a man then it would have been a statistic of Sexual Harassment at workplace.
Men continue to be Legally Challenged…
 
Jinesh Zaveri.

4 Comments:

Anonymous vikram gupta said...

good

Wed Sep 12, 07:17:00 AM GMT+5:30  
Blogger Jinesh Zaveri said...

thanks Vikram Gupta.

Sat Sep 15, 05:54:00 PM GMT+5:30  
Blogger AlbertSmith said...

A vast majority of women workers have experienced Sexual Harassment which includes offensive sexist remarks or being told that they could not do their job properly due to their sex.Thanks.



Workplace Harassment Training

Wed Sep 26, 02:31:00 PM GMT+5:30  
Blogger Antoine Lockhart said...

I am not sure as to how sexual harassment law can be misused and what's the real stand of this law among men. Well, I think that we should focus more on the consequences it may bring we got troubled in implementing this law. I am not an attorney of sexual harassment but I had a friend before who was sexually harassed and that awakened my interest on this topic.

Wed Mar 20, 09:11:00 AM GMT+5:30  

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