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Maid's harrasment

Page no : 2

Pawan S (06292021602) (Advocate)     12 July 2016

Originally posted by : Sudhir Kumar



The solution is only social.  Shje can only advertise the credentials of the said made in the colony and make her jobless.  She will only have a partial success.

 

 

I don’t think this is the solution. This is revenge, apparently.

Making her jobless cannot be a solution/success.

 

I asked how to defend these kind of cases.

Anyways, it seems there is no ideal way to cover it.

 

Thanks 

 

Sudhir Kumar, Advocate (Advocate)     12 July 2016

Originally posted by : Ekta



Originally posted by : Sudhir Kumar






The solution is only social.  Shje can only advertise the credentials of the said made in the colony and make her jobless.  She will only have a partial success.

 

 





I don’t think this is the solution. This is revenge, apparently.

Making her jobless cannot be a solution/success.

 

I asked how to defend these kind of cases.

Anyways, it seems there is no ideal way to cover it.

 

Thanks 

 

I already expressed

 

"balackmailing could have been avoided by her husband by going to jail losing respect and dent in career.  If govt servant could have lost job even if acquitted. SHe will get no maid and would have herself to resign her job to look after the child and bringing family income to microscopic percentage."

Pawan S (06292021602) (Advocate)     12 July 2016

Originally posted by : Sudhir Kumar

I already expressed

 

"balackmailing could have been avoided by her husband by going to jail losing respect and dent in career.  If govt servant could have lost job even if acquitted. SHe will get no maid and would have herself to resign her job to look after the child and bringing family income to microscopic percentage."

I asked how to DEFEND these kind of cases or how to handle these kind of lawsuits from a defence prespective. 

Sir, You have stated the consequences that the family may face, but my question is different.

 

Vibha   12 July 2016

  1. Vexatious rape and molestation allegations are increasing by the day. Courts at all levels have already started voicing their concerns. 
  2. We have seen that with 498a SC removed most of the sting in 2014. Maintenance cases have lost some teeth for well qualified and working women. It has taken 20 years for these changes to come. Today many effective options are available to families for defending vexatious matrimonial cases. 
  3. My guess is that similar changes will come with rape and molestation cases. Sad part is that increased abuse of law also brings more frustrations for genuine victims, eventually reducing protection of women's rights. I am hoping that balanced solutions emerge over the next few years.

Sudhir Kumar, Advocate (Advocate)     13 July 2016

Originally posted by : Vibha

Vexatious rape and molestation allegations are increasing by the day. Courts at all levels have already started voicing their concerns. 
We have seen that with 498a SC removed most of the sting in 2014. Maintenance cases have lost some teeth for well qualified and working women. It has taken 20 years for these changes to come. Today many effective options are available to families for defending vexatious matrimonial cases. 
My guess is that similar changes will come with rape and molestation cases. Sad part is that increased abuse of law also brings more frustrations for genuine victims, eventually reducing protection of women's rights. I am hoping that balanced solutions emerge over the next few years.
 

But the mater of fact is there some more sections have been added in IPC in 2003 based on Supreme Court recommnedations in 1995.

 

Inspite of miuse and observations of judiciary in misuse, by and large average woman still remains suppressed and aused.  Therefore dilution of these laws cannot be called feasible.

Sudhir Kumar, Advocate (Advocate)     13 July 2016

Originally posted by : noname_123
 

So, basically you could have returned with the same coin. Child abuse was not a good reason since in India children, men and elders don't have any value.
 

You could have filed a case of theft. She stole a golden necklace. ask your neighbours to say few sentence like they saw maid stealing. then police would have taken seriously and put her in Jail. they might have not believed her molestation case.
If you want to go further, put some gun powder in ther purse and say she is terrorist and you could not verify her credential from police before employing her.

Many policemen have lost career for acting on such complaint. i.e. where neclace was kep, when theft was reported, from where it was purchases, how much was the weight, who saw her stealing, etc etc...   Shehad no reply for such questions and police have an uncanny neck of smelling a false complainant.

 

This forum has recently handled a query of a lady whose husband lost someone's gold and landed in jail for giving false robbery complaint.

 

The complainant would if reporting such false theft would have been open to so many questions by the police and neighbours do not come even fro true evidence leave alone false evidence.

 

Is the querist keeping  gun power in her house to frame the maids in POTA cases.  It is not a joke.

Vibha   13 July 2016

  1. Yes, I agree that average woman still faces lot of abuse and oppression.
  2. I feel that these laws are making the situation worse not better. While the statute remains unchanged, the actual implementation of law keeps getting diluted with every false case that is filed.
  3. I know many women who face matrimonial cruelty which is very severe. These women never come forward to file 498a cases. The section is treated today like a joke by police and judges because of its rampant misuse. Police will take 2 years to file report, everyone will get bail without question, trial will move at the slowest pace possible and start with presumption that this is another one of the false cases. Genuine victims get zero protection from such a law. It is only useful for educated, urban and unscrupulous women who want to extract a big settlement from NRI husband.
  4. It is a sorry state that rape is also moving in the same direction. If the judicial system sees rampant abuse, police and judges will start treating rape cases the same way. Every accused will get bail easily and let the victim rot in courts for decades. 
  5. The the misuse has to be addressed without diluting the protection. Most other countries are able to achieve both these goals simultaneously. Why in India do we give up so easily and settle for a system that is broken in one way or another?

 

Pawan S (06292021602) (Advocate)     13 July 2016

I totally agree with Vibha on this.

 

Regards,

Ekta

1 Like

Sudhir Kumar, Advocate (Advocate)     14 July 2016

I do also agree with Ms Vibha with slight disagreement that in 2013 new sections have been addded in the IPC to deal with crime against women which never existed earlier.

 

The abuse remains because the existing laws are not as stringent and double edged like in case of Sati.  As long as malady is there the laws are needed. 

Vibha   14 July 2016

In California the definition of s*xual consent was recently changed from "no means no" to "yes means yes". In other words a person no longer needs to say No to withdraw consent. Unless explicit consent (Yes) is given, a No is assumed by default. 

This is a major shift for in the burden of proof for rape cases and this applies even for married couples. However this law is gender neutral. Despite having such a stringent legal standard of consent we do not see rampant abuse and large number of vexatious rape cases as we see in India.

This is because penalties for false claims and perjury are very heavy and routinely enforced. Police investigation is prompt and relies on collecting high quality medical and circumstantial evidence.

Passing strict and one sided laws without the proper machinery to prevent abuse is just an eyewash. It makes some new headlines, gives abusers more power and leaves victims as helpless as before.

Vibha   14 July 2016

In California the definition of s*xual consent was recently changed from "no means no" to "yes means yes". In other words a person no longer needs to say No to withdraw consent. Unless explicit consent (Yes) is given, a No is assumed by default. 

This is a major shift for in the burden of proof for rape cases and this applies even for married couples. However this law is gender neutral. Despite having such a stringent legal standard of consent we do not see rampant abuse and large number of vexatious rape cases as we see in India.

This is because penalties for false claims and perjury are very heavy and routinely enforced. Police investigation is prompt and relies on collecting high quality medical and circumstantial evidence.

Passing strict and one sided laws without the proper machinery to prevent abuse is just an eyewash. It makes some new headlines, gives abusers more power and leaves victims as helpless as before.


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