Thursday, 26 July 2012

The Law is Toothless.


[ Before you read this blog, let me warn you that this particular one might seem a little too chauvinistic for some of you. Somehow I’m  still compelled to talk about this topic, for I do believe that everyone has an opinion, the following being mine. Again, not having travelled the world (yet), I focus this opinion, based on the Indian community in specific and solely on personal experiences.]

What compelled me to write this blog was what i’ve experienced during the past few days and the following article that pretty much added fuel to the fire:


Kavya, is just one among the many thousand women who face such a situation or a similar one on a ‘daily’ basis. If you are a girl and you walked through the streets of India, you would feel one of the two things- the urge to run away to save your life, or if you were like me, you would want to fist someone in the face and give him a piece of your mind and the like. (I’m not proud of that!)
Don’t get me wrong, I don’t mean to say you cant ever look at a man or a woman and go “wow!” and appreciate beauty or whatever (ummm, if you didn't, that would make you an abnormal human being). What I mean is the constant ogling, passing disgusting comments, vulgar gestures, stalking and some of the gutsy one’s that dare to go ahead and touch (I kid you not)!

I found this article in The Times Of India -Thursday,July 26, 2012 :
“ The law is toothless,so men whistle away
BANGALORE: Men who tease woman or outrage her modesty or molest her get away lightly. Had the four men who pushed a 19-year-old woman out of a running train on Tuesday near Mandya not been booked under Section 307 (attempt to murder), they would have escaped with a maximum imprisonment of two years under Section 354 (outraging the modesty of a woman).
The law is toothless when it comes to attacks on women. Someone accused of whistling at a woman or making a vulgar gesture or making a lewd remark can escape with just one year imprisonment under Section 509, which is also bailable offence. An accused of a crime punishable for less than three years can get bail from the police station.
"Eve-teasing cases are either treated as molestation or outraging the modesty of a woman. There is no special provision in the Indian Penal Code to book an accused for eve-teasing," said a senior police officer.
Said VS Elizabeth, additional professor of sociology, Centre for Women and Law, National Law School of India University: "The law is not clear about eve-teasing as an offence. What we need is change in social attitude towards such crime and sensitizing the police force about it."
She added: "Most often, the accused escapes punishment because women don't register a complaint. If she complains, police ask uncomfortable questions. In India, women face social pressure not to pursue such cases, as they can go on for years and affect their future. We need a strong will on the part of police and society to bring such notorious people to justice. Even putting them behind bars for a week will serve the purpose."
Prof. RS Deshpande, director, Institute For Social and Economic Change said: "We need much stronger laws and stringent punishment for crime against women. Not all cases of molestation amount to rape. In such cases, the accused escape lightly. Most cases of eve-teasing lead to a bigger problem. Also, women need to show courage to fight such evil."

The title of the above article particularly caught my attention, but for a slightly different reason. I did mention that one of the reasons that compelled me to write this blog was of the experiences of the past few days. I’m currently doing my Bachelors in Law. My curriculum requires me to intern every year. This year, a friend of mine and I chose to intern under a lawyer, who took us to the different courts in the city to watch and observe the practical aspects of law. Every day was similar to the other not only with respect to how pathetically the law works here in India but also with respect to the countless oglers in court. Yes, even at ‘Court’. Somehow you expect to be safe there, but trust me, you would feel like taking the law into your own hands at times. From the accused, convicts, criminals, police to His honor, the Judge himself, would get your nerves boiling! There you are trying to learn and understand the law, but all you can feel is the weight of the many eyes on you! This one time, an advocate, (from 11am to 2pm), just ogled at us the whole time he sat in front of the Judge. I’ve also heard (from our lady advocates) how the judge would postpone hearings, only to annoy women, unless she is accompanied by a senior male advocate. [I do not in any sense mean to disrespect the Law or it's seat, lest I be charged for contempt.]

You might think that it's just a matter of speaking up. But here in India, we women are helpless! Go ahead and sue them? Unless you want to drain your pockets, be insulted by society, or have your file pushed around for years to find justice, you would be extremely discouraged to do so. The law isn’t a friend either. Yes, under the Indian penal Code, Section 345 , the offence is punishable with imprisonment up to two years or fine or both and under Section 509, the offence is punishable with simple imprisonment of 1 year or fine or both; both offences being cognizable, bailable and compoundable with the courts permission, yada yada yada- precisely comforting you with the fact that there is a law to back you up. But when you find His Honor himself on his seat ogling his way through the sessions, tell me, who would even have faith in the law? Or the countless files stacked away for years, what would even motivate you to trust the law? And I say this being a student of the law myself- The law is toothless!

For that matter, I’m not even allowed to travel by myself from city to city (on public transport I mean), because my mother fears harm from such men to befall me. Little would she understand that these sick gestures can happen anywhere from my street to the heart of the city! I mean, how much longer can women go on being treated this way?


One of the biggest excuses our Indian politicians and many others love to give when something crops up is this- " that's because women don't dress modestly". As all you Indian women would know, here in India, unless you decide to cover your face and walk around, you are bound to be a victim of those heartless men! Defending such a pathetic excuse would be a waste of time.

Yes, women were created a little meeker than the males, but with all my heart I know that they weren’t created to be treated disrespectfully and  as objects of sexual pleasure (or whatever the hell some get! ). How do you deal with it? let me quote something I read today “ for a girl or even a middle-aged woman, stepping out of home brings her in conflict with the ‘eve-teaser’…the solution to this public menace could lie at home, where mothers teach their son to respect women.” I needn't say more.

I could go on forever on this topic, but I hope this blog does not discourage you from speaking out just because the law is toothless. India is ‘free’ country, so Women, SPEAK! Scream if that is what it takes! Stop letting them nasty men take advantage of you! And Men, if you do fall under any of the categories I’ve mentioned, please, women are as human as you are, and we deserve to be respected too. If you don’t fall under those categories, then don’t be afraid to speak out if you find something disturbing around you- She might not be your sister- but she is a lady! She deserves respect!

After all didn't God choose to love us male and female, equally? How would you choose to treat a fellow creation?

1 comment:

  1. Ya as if men arent helpless....... i'm not denying men are the trouble makers but not all and the ones who are not are as helpless as the women in this matter... but the article is good and i agree 100% with it

    ReplyDelete