Misuse of 354 A by Female
Section 354 A of Indian Judiciary Law was introduced to protect the women and their dignity in the country ;However the flaw remained as it was framed as one sided Law which overlooks dignity of Men in the country.
As a result many false cases and misuse of section 354A by females have been reported till date . It is a request and need of the hour that Government must make the law fool proof so that its not misused by any female to defame /trap any innocent person for their personal grudges/fights.
1. This section has provision that , any Female can lodge the complaint /FIR even for back dated incident in a fit of rage and section says even if female quotes that some men has touched her inappropriately that too without any eye witness, still police can arrest the person without preliminary investigation and send him to police custody without any evidence proving the allegations.
2. Another important point in this , that any female can use this section 354 A to Harass male members by falsely implicating him the charges in order to take personal revenge or settle family disputes, since this section supports Female version/complaint is prima face final without any evidence/eye witness
3. The interesting part of the story is that the female who is lodging the complaint need not even hire any lawyer to defend her side nor need to attend the trails. The person who is implicated needs to face the trails and struggle to prove his innocence and have to spent on lawyer fees, it means multiple one sided trauma and harassment . The law fails in controlling the crime instead has become a tool for few people who use it to frame people easily for handling family issues and personal fights.
The law is one sided and has a blind eye towards the other part of the story.
4. It is high time to amend the provisions of the law by balancing both parties so that justice is not denied to the innocent person
5. Recently, I came across a relevant case of my close relative & hence sharing this.
The female member is a distant relative and has lodged a false complaint against her own relative for taking revenge on other family issue/fight/conflict. In such case there is not only defamation of the family but also lead to mental harassment which can even lead to critical permanent health damages which are irreparable.
6. Any suggestion/advice /support for such open misuse of this section 354A?