A Woman's right to legal awareness
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Plea for womens Legal Awareness
Lets ask ourselves just one question, How many women, victims of any form of abuse, be it sexual, physical, emotional or any other, actually have the courage to go and report the same.? We need not google the statistics. It is staring at us naked in our face, the obvious answer: - hardly a minuscule percentage. So, what is that we lack at stops us from doing so, legal provisions, laws, judicial system, police force? No, nothing, all of it is very much present in our country. Then why is that 90\% of rapes go unreported in our country , why women choose to ignore rampant eve teasing, sexual exploitation, blackmail, why a lady has to go and murder an MLA is broad daylight in order to avenge her long and painful sexual abuse?
Let me tell you a more real and painful incident. A friend of mine, bright, educated at leading school of India, well traveled, and working in an MNC got engaged, via arranged marriage of course, to an educated, dignified groom from a high status family .Considering that they were in the same city and falling for her fiancйs Honey we are as good as married con talks, gave into t physical demands of her husband. Only to be dumped by her husband and the would be in laws citing some dumb reasons. Distraught and broken, almost on the verge of committing suicide, she gathered courage to take legal course, which of course was laughed at by everyone she knew, including IIM graduates, for many voicing concern the poor girl would have to go through. It was only after running for 2 months and consulting 20 odd lawyers, and paying heft fees, that one lawyer pointed out having sex on the promise of marriage falls under IPC 376 Rape . She was aghast. Not only was SHE, an educated, foreign traveled independent girl was not aware, even the so called elite lawyers of Mumbai were not aware. Those ignorant lawyers offered solutions ranging from putting Dowry harassment charges to forceful rape charges to physical abuse charges, all of course without any iota of guilt. Her attempt to file an FIR was met with more dismal consequences as even the Police were not aware of the provision for such a rape charge, made more redundant by the fact this incident had ago occurred a few months ago and did not fit into a REGULAR RAPE ACT. They made sneering remarks about the lack of evidence and her degree of involvement. The whole experience shattered her faith in the judiciary system and a brave attempt from a spirited girl to seek just for sexual abuse was put to rest. I meet her often and only see her get bitter due to her lost battle. She has planned to go back to US for better.
This incident of course made me ponder over the state of affairs in our to watch out for progressive, on the rise country, India. So what ails our system, why women do not speak out, seek justice. There are of course 2 aspects it, legal awareness and implementation. How many girls are aware that the name and details of a lady is not allowed to be made public in media or any other place? Or the details of what Domestic Violence Act 2005 and Sexual Harassment bill? Hardly a handful .Only if women knew what laws are available for the various harassment faced by them and were assured that every complaint by them were taken seriously by the police (READ: not subjected to embarrassing question by male police, not diluted by the influence of powerful accused and money) and the legal course was taken in a speedier manner, definitely more and more women would come out in the open and have confidence to raise voice.
Lets look around; women are getting out of house, leaving their houses to go to metro cities for education, jobs. Socializing with the opposite gender, having its own flip side has subjected them to lecherous and devious men who only take advantage of women knowing that hardly ANY lady will have the courage to file a police complaint against them. Ladki hai, kya bigaar legi, seems a common mindset of men (my friends ex fiancй, IIM graduate, an investment banker and his reputed family included).
If only women and men were made aware that laws exist to protect women and that they will be implemented and without ANY influence, will serve as a double edged sword, EMPOWERING WOMEN and SCARING MEN. Publicity of such a provision will deter those conniving men from thinking about taking advantage of any woman.
So I propose the following provisions to be included in a new Act, Women Legal Awareness Act,-
1. Compulsory Legal awareness session to be held in EVERY school/college/institute/workplace having women. Such a session will tell the women about thee type of harassment and what to do in such events, whom to approach. The helplines available, the important phone numbers, the contact details of the local Womens Commission, etc. Such a session will reach out to women, not only making them aware of the types of harassments, but also in giving them confidence that there are laws to protect them and resources are available.
2. Making ANY complaint by women (falling in line of any form of harassment) a compulsory FIR and the details of the accused (parents details and job details) to be recorded. This move will deter men from daring to exploit women.
3. Speedier trials of such complaint by local courts.
4. Having a lady police officer look into the complaint.
5. Having a police helpline for such matters (e.g. 105 / 567 /777).
6. Making a second complaint against any person a non bailable warrant.
7. Compulsory putting of posters carrying helpline number, website addresses, contact details, in every place having women (e.g.: - in ladies restrooms).This will server as a constant reminder to women that help is just around the corner.
The above point may not be totally in line with the law and judicial system of the country, but I request the lawmakers, officers to look into the same and act toward making this a reality and not wait for harassment for single ladies to become a national epidemic before taking any action. I hope by this attempt, I have done my bit to make India a safe place for women.
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