Section 354 of IPC: Various implications and Issues
The Indian law, taking cognizance of the increased crimes against women has given more teeth to the dying legislation dealing with safety of women on Indian soils. Via the Criminal Law Amendment Act 2013, four new sub-sections added to Section 354.
- Section A: Lists out all the incidences of unwelcome advance, pornography, sexual remarks and favors which hurt the dignity of a woman to be severely dealt with by rigorous imprisonment and fine.
- Section B: Enlists any attempt to disrobe a woman against her wishes liable to punishment for atleast 3 years.
- Section C: Enlists voyeurism i.e. filming or taking pictures of any woman involved in a private and personal act as a crime with punishment of at least 1 year imprisonment.
- Section D: One of the most effective sections, which has criminalized stalking a woman against her will to be dealt with severely with a punishment of at least 3 years.
Analysis
The criminal law amendment act 2013, which further strengthened the Section 354 D, has been commendable step taken by the government. The changes introduced to criminalize stalking has made law enforcement more effective and streamlined, which makes a big difference to empower women to come out in the open and lead a life of their choice.
Indian society has been unkind to the fair sex. The mindsets have been shadowed by narrow and patriarchial values which are deep-rooted in our culture. This led to a slow degradation of position of women in Indian society. Societal taboos, lack of effective legislations and the pre-conceived notions added to the harassment of women who were victims of gender biases and sexual violations.
However, with the new Amendments introduced in 2013, is a new dawn for the safety of women. The laws have made the society more sensitive and strong. The increase in incidence of registered cases under Section 354 is a sign of a change in attitudes of women and men, that it is not the victim but the culprit who has lost his image and reputation in society. People are no more averse to hide behind the worn-out societal spheres of influence which hitherto held them back from reporting such a incident from fear of being booed by people.
The new law has further intensified the punishments and has defined them more linearly which has made the implementation more quick and easy. It has opened new avenues of growth for women.
Contrarily, recent times also bear witness to an astronomical rise in serious sexual crime against women especially in urbane pockets. The figures are both sad and shameful and thus need to be addressed. It is not just the laws but a citizen force which needs to be activated in all areas to check the growth of these. India being a young nation in terms of demography, there have to more skill-generation and job-creation for the youth to be able to overcome frustrations which take form of extreme stress and many times result in such dire and horrid crimes. Of course, all this has to be backed by effective and quick justice to all the accused.
Raj Patel
January 9, 2017 at 1:32 pmThat’s the good amendment , but law makers must see on the other side of the coin .
Now a days due to this law , many cases of misuse of this section by female to settle the other conflict with male/family disputes/affaire dispute etc.
Since if there is any direct evidence of molestation like, in public, CCTV etc, then probably such section must be of best use to put the culprit behind bar immediately, so as to justice the female .
But there are the cases wherein , any backdated complaint lodge by female , without any direct evidence, and where some relation involved (Relation like Girlfriend, friend , Colleague, Or relative ) then such cases must be dealt with complete scrutiny before immediately putting Male behind the bar . Because even if later it prove that complaint was fake , then also that men shall never get his dignity back because he had already faced going behind bar/police custody.
The misuse of this law can be done very easily by any female due to following provision of law:
1. Police entertain even back dated complaint of female against molestation . (Why such any delay in FIR if really there was molestation?)
2. Police just on the version of female complaint shall immediately arrest any innocent person and put him behind bar without giving him a chance to prove his innocence.
3. When case goes to court , female get free public prosecutor and male shall have to spend on lawyer.
4. There is no provision for punishment to female if case prove false or no direct evidence and sufficient doubt for false complaint .
5. In overall , if any female decided to misuse the law , then by simply saying that male has molested her, she can defame any male and put him behind police custody for a day.
Hence it is necessary to take strict action where CCTV, direct evidence , Public cases . However where no direct proof , backdated complaint , then police must do through investigation before putting any male behind bar. Because Male also have dignity and no body now talks about dignity of men and possible cruelty from female as well.
Raj Patel
January 9, 2017 at 1:32 pmThat’s the good amendment , but law makers must see on the other side of the coin .
Now a days due to this law , many cases of misuse of this section by female to settle the other conflict with male/family disputes/affaire dispute etc.
Since if there is any direct evidence of molestation like, in public, CCTV etc, then probably such section must be of best use to put the culprit behind bar immediately, so as to justice the female .
But there are the cases wherein , any backdated complaint lodge by female , without any direct evidence, and where some relation involved (Relation like Girlfriend, friend , Colleague, Or relative ) then such cases must be dealt with complete scrutiny before immediately putting Male behind the bar . Because even if later it prove that complaint was fake , then also that men shall never get his dignity back because he had already faced going behind bar/police custody.
The misuse of this law can be done very easily by any female due to following provision of law:
1. Police entertain even back dated complaint of female against molestation . (Why such any delay in FIR if really there was molestation?)
2. Police just on the version of female complaint shall immediately arrest any innocent person and put him behind bar without giving him a chance to prove his innocence.
3. When case goes to court , female get free public prosecutor and male shall have to spend on lawyer.
4. There is no provision for punishment to female if case prove false or no direct evidence and sufficient doubt for false complaint .
5. In overall , if any female decided to misuse the law , then by simply saying that male has molested her, she can defame any male and put him behind police custody for a day.
Hence it is necessary to take strict action where CCTV, direct evidence , Public cases . However where no direct proof , backdated complaint , then police must do through investigation before putting any male behind bar. Because Male also have dignity and no body now talks about dignity of men and possible cruelty from female as well.