The increasing number of sexual harassment and crimes against women poses a threat to women's safety in India. Though several laws ensure women's safety, the judgement does not always depend on the same. Rhythm Aggarwal, Criminal Defence Lawyer debunks the myths associated with women's safety laws in India.
Myth: Easy alse Accusations
Rhythm highlighted that a common myth that she encountered, especially from young men, is that women can easily accuse them falsely and the law is skewed to favour women. And nothing can be further from the truth here!
Fact: Laws like the Protection of Women from Domestic Violence Act (2005), the Sexual Harassment of Women at Workplace Act (2013), and the Criminal Law Amendment Act (2013), are designed to protect women from violence, harassment, and exploitation. While the law exists to protect women in places where they may be more vulnerable to threat or aggression, it also has stringent checks in place to deal with false accusations in a way that matches the severity of the crime like initiation of Perjury proceedings.
Moreover, there is a catena of judgements favouring men as well therefore this narrative of women can falsely accuse men is unfounded. Like they say the lady of justice has a black strip on her eyes and everyone is equal before her. Courts or authorities use their own discernment and don’t straightaway believe the women’s narrative.
Myth: Ineffective Rape Laws
Fact: Rhythm states that each time we are hit with rape news that rocks the consciousness of the nation, it also sparks the debate about rape laws in India being too lenient or ineffective. Or for the need for capital punishment. However, through the Criminal Law (Amendment) Act, the law was made stronger, following the shocking, brutal and unfortunate Nirbhaya Case.
She highlighted that rape is a non-bailable offence and special courts are instructed to fast-track cases of rape, besides that, the law recognises sexual assault of varying nature, including cyber harassment, acid attacks, and stalking. While the law exists to protect women, we as a society need to offer such solidarity and support that women feel safe in accessing this law - or simply eradicating the need for it, altogether.
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Myth: Women Not Held Accountable For False Accusations
Fact: There’s also a misconception that in cases like dowry etc. women can’t be held accountable for false accusations. Again, that’s only an imagination of a patriarchal mindset. Women, just like men, if found guilty of false accusations, can be charged and perjury proceedings can be initiated against them.
Myth: Women’s Safety Laws Are Only For Urban Areas
Fact: Women’s safety laws apply across India, both in urban and rural areas. The Protection of Women from Domestic Violence Act is a nationwide law, and the Sexual Harassment at Workplace Act applies irrespective of whether the workplace is in a city or a village. Additionally, schemes like One-Stop Centres (OSCs) and NIRBHAYA Fund are aimed at providing help to women across rural and urban locations.
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