June 16, 2014

Does our Legal System seriously take note of cases of outraging modesty of woman? May be not

A society is as much strong as its legal system is.

The law provides two sets of legal remedies to woman who alleges that her dignity and modesty is outraged by a man.

One is civil remedy to seek damages by filing a civil case under Law of Torts. Second remedy is in criminal law.

In criminal law, such offences are bailable, to be tried by a Magistrate, punishment with jail up to two years, or fine, or both - depending on serious nature of act complained of.

The woman offended can compromise the case.

Since the criminal cases are made Compoundable, it is possible that the complaining woman may remain under pressure to settle case out of court.

Most cases must be compromising at police investigation stage or in courts. I have not come across any reliable study on such cases.

But in rare cases, no compromise is reached and the cases reach up to Supreme Court. In one such case, the woman was an IAS officer. She fought all the way resisting all the pressures.

It is very doubtful whether laws are very serious about such cases.

Haresh Raichura
16/6/2014