sec-354 IPC
A Truthseeker
(Querist) 24 April 2009
This query is : Resolved
in The Mahabharata we got Droupadi was rescued when Dushyashan attempted to denude her.but Bhima was so exasperated as he took the vow to kill and drink the blood o Dushyashan. that signifies how the Indian women were looked at once upon a time.in IPC outraging modesty of an woman is a bailable offence.sud this British legacy still exist in Indian law?
Guest
(Expert) 25 April 2009
I do not take example from Mahabharata and Ramayana to give proper status to women, because in those two epics the trauma the heroines Draupadi and Seeta had gone shows that in India how women, since times immemorial, have been treated with cruelty under utter male dominance.
The offences of various nature against women should be non-bailable but the male dominant society is not making such laws.
A Truthseeker
(Querist) 25 April 2009
probably we are putting the cart before the horse. Seeta was abducted by Ravana a man of demoniacal nature who was king of Lanka, made of gold, that means a king running after pelf and power. it is the culture and philosophy of a country that count, not the sex-dominanace in moulding its law. the very word "kingdom" in a country's name may determine its attitude towards ordinary people and consequent common law.
Uma parameswaran
(Expert) 25 April 2009
We can see the characters of Mahabaratha and Ramayana in this modern world also.In Epic age it is easy to punish a transgressor because of various reason and innocents and ignorance are free to move any where. But the condition is changed.Judiciary is strugging to find out the real culprit.So I think 354 IPC can help sometimes the poor innocents.
Guest
(Expert) 25 April 2009
I fear that we are missing the point. The question is that how fairly the legal provisions related to women are being formulated, implemented and adjudicated.
In the name that some urban women are misusing Section 498-A, even some judges on the public platform have been protesting against this provision. The lacunae in Section 304-B are well known. The law commission report on the subject is interesting. In rape cases, how the victim will be treated in the police station at the investigation stage and in the court at enquiry stage is well known to our legal fraternity. Interestingly, applicatin from victim asking the court permission to marry the accused is known to all of us. Maternity leave law is one of the casualties and in private sector, women are being terminated from the services during their pregnancy period and delivery of the child they prefer to go for a new job instead of asserting their job right. The implementation of the laws relating to sex determination tests need no comment. Even a single person has not been convicted from the date of enactment and the police does not know the provisions of these laws.
