Allegations based on status of Poverty, Gender Justice and human rights via “354 me band kara dungi”

Allegations based on status of poverty and human rights via

“354 me band kara dungi”

It was evening of Jan 11, 2019. I was enjoying tea with my two friends in the canteen of the Indian Law Institute, New Delhi. Two ladies (a mother and a daughter who seems to be an advocate) rushed to the canteen inquiring about their mobile phone. They alleged that while they were taking lunch, cleaning staff of canteen has taken the mobile phone while collecting the used plates and glass from the table. They were very much worried and agitated which was obvious. They were asking the canteen employee to return the cell phone and indicating that they can find it easily because of some influential source. I, with my friends requested them to cool down and make a call on the number. The young advocate made a call and showed me that the number is still ringing. We noticed that the call is responding some were because we could hear the ring of a phone. Suddenly she found that the cell phone was placed on the seat of the chair where they were taking lunch. They seemed happy but were not in a mood to accept the fault on their side. Now the owner of canteen came and asked her that why did she allege the canteen staff that they have stolen it. There were a few exchange of words of allegations against each other. We again requested them to leave the matter as the cell phone was recovered. The young lawyer asked her mother to leave the premise and the mother left the canteen. The young lady lawyer was in adamant to engage in verbal fight. Now she also started speaking in English, “don’t talk to me loud” etc. As we were there we can say that the canteen owner did expressed his loud displeasure on the allegation of taking away mobile phone while collecting used utensils, he did not speak anything which was objectionable. The lady lawyer left the canteen with the last sentence which was height of her unruly behaviour. She told “ 354 me band kara dungi.” Though my friends and canteen owner could not realise immediately what it meant, I could easily understand it. (Section 354 of IPC deals with “Assault or criminal force to woman with intent to outrage her modesty” which has been amended in 2013 with enhanced penalty. CrPC 1973 was also amended and special procedure for registration of FIR by a lady police officer has been made and non registration of FIR under section 354 is an offence under section 166A of IPC). Canteen staff was advised that he should call 100 and inform that a lady has threatened like this. The police came and they also met me in my chamber. The story was narrated to the police officer. One diploma student of the Indian Law Institute, who was also a lawyer commented that that a few persons like her are bringing disrepute to the noble profession of Bar.  

The misuse of law has emerged as a necessary evil. While there is no denying that special laws and procedure is essential to protect the cause of gender justice, it is equally important that the misuse of laws be “nipped in its bud.” Such misuse are no more in margins and cannot be avoided as a number of high courts and a few Supreme Court judgements indicate (specially in sexual assault cases). The human rights movement to promote the cause of gender justice through criminal laws will lose its vigour if the misuse of laws by female remain unaddressed. I have also witnessed that various distinguished scholars and feminist authors are not willing to accept this fact as serious enough and they either feel the misuse does not exist or it is media projection or overrating the problem or even normalising such instances. The reaction of esteemed woman organisations on Arnesh Kumar judgement or Rajesh Sharma judgement also reflects the scenario. This comment is not based on one incident at canteen and not a generalisation. This feeling is based on certain judicial decisions which categorically admitted the misuse. News papers do cover similar items indicating abuse of female related laws almost every month. This feeling is also based on interaction with police and judicial officers. A dissertation of the Indian Law Institute submitted under this author also form the foundation of this feeling. However, this feeling is yet to be a research finding. Misuse of any law (especially those which deal with half of the population of country) is a big hurdle in the march of gender justice movement to protect, promote and preserve the human rights of woman.

This leads me to two observations. One, researchers need to focus on this aspect to dispassionately examine whether such abuse is really serious to take note of. Or is such instance of abuse avoidable as a part of necessary evil of any criminal law. They should suggest socio-legal measures to check this growing tendency, if it is really acute.  Two, it is very easy to allege especially when a poor and weak person is involved. The status of poverty or being needy (financially) makes a person (a daily wager, a labour, a canteen staff, a security guard, a driver, a domestic servant, a cleaning staff, a beggar etc) an easy prey of our judgement accusation based on fictional thinking and classical presumption that crimes are generally “caused by poverty or by personal and social characteristics believed to be associated statistically with poverty, including feeblemindedness, psychopathic deviations, slum neighbourhoods, and deteriorated families” which was refuted by Sutherland. The allegations and accusations on someone because of a person’s status of poverty or being in lower income group is a gross human rights violations by those similar to non state actors.