The general feeling now a days is that while there is outrage over the crimes against women, crimes against men are not adequately addressed. Amidst the growing clamor for a #MenToo, we cannot be oblivious to the next in line, #TransToo; or any other discernible permutation. The #MeToo movement is all about victims of sexual harassment, using the social platform, to share their experiences publicly and leverage empathy, while expressing solidarity with other victims. This is an expression of collective anguish by women, who are disillusioned with the justice delivery system being too formal, technical and slow. Thus, they have resorted to collective action which is preventive rather than being curative in nature. Launching parallel movements with similar objectives would be an exercise in futility. Recently men also started to demand #MenToo because most of the #MeToo is filed by Women and almost all of them found to be FAKE/FALSE. In this Feminists ultimate goal is to make money accusing anyone, even they have not seen the other person. When they realized their own movement give birth to #MenToo they changed their Views and tactics sating We all need to join hands and strengthen the existing #MeToo movement by broadening its scope, making it gender neutral and covering all cases of sexual harassment whether they are committed against men, women or transgenders. So Feminists can encash with #MeToo.
Pervasiveness of socio-economic and cultural discrimination against women coupled with violence (physical and mental) compelled the State to make special laws for the protection and upliftment of the women in our patriarchal society. No doubt, the objective behind these laws is laudable and our courts liberally and purposelessly interpreted these protective and preventive laws to realise the legislative intent. But sometimes these laws have been invoked in an unfair and unreasonable manner as cautioned by our judges in several judicial pronouncements. It has been seen that there is a great disparity in the number of cases that are registered under various women-centric laws and those that result in less conviction than acquittal as per NCRB statistics. This raises serious doubts regarding the veracity behind such complaints and makes one skeptical regarding the use and possible misuse of these laws.
To check the abuse of laws and counter, men and his family has not a single law to safeguards himself. What is required is gender neutral laws or change in those provisions. Most people do not know, the Indian law does recognise sexual harassment of men as a criminal offence (S. 354A IPC). This provision is gender neutral to the extent that the victim herein can be any person, but the perpetrator can only be a man. Thus, the only hiccup here is that, our law does not acknowledge the sexual harassment of a man at the hands of a woman. In India women can file any case, specially Rape case [IPC 375/376], Outraging modesty[IPC 354], Unnatural sex [IPC 377] etc, because authority think no women will make such claim, so her every word is taken as Gospel Truth, and even without any proof cases are filed and burdon of proof lies on accused not on accuser.
Another issue that is more precarious than sexual harassment of men is the quagmire of false accusations against them. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides no protection to men against false allegations. Under Section 14 of this law, leveling malicious allegations and furnishing false evidence by producing forged or misleading document before the International Criminal Court (ICC) or Local Complaints Committee (LCC) has been made punishable. This is a limpid warning to stave off false complaints. But all these are in legal books only. None of false accuser punished for giving false statement or case so far because there is no clause to punish accuser if her complaint is false, that make women to file false case anyone.
Likewise, we have Section 377 which penalizes non-consensual carnal intercourse against the order of nature with any man, woman or animal. The explanation to this section says, “Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.” Thus, it is commonly interpreted to mean that it can be committed only by a man, because only a man is capable of penetrating. It is time to challenge the old interpretation in view of the changes brought about in the definition of the term “Rape” in the year 2103. Earlier penile-vaginal penetration was necessary to constitute rape but now all sorts of penetrative violations of the female’s anatomy including those by fingers, sticks or objects have also been included to constitute rape. If the courts interpret Section 377 in the light of amended 375 then it would be possible to prosecute all persons including women, for sexual assault. If so, it will punish if victim is Women only. If Man is victim of other man there is no law or section in Indian law books, as per them Man cannt be victim of sexual assault.
More distressing is the cognizable and non-bailable nature of these charges. Police arrests not only at the drop of a hat, even most of the time if women approach them with silly charges they influence women to file some serious charges telling her charges she accused no affect on whom she want to charge. Another plausible concern is regarding the irreparable damage to reputation that is caused in such cases because, while law protects the name of the victim from disclosure, no such protection is extended to the accused who might be innocent. India is only country where Men are termed born Rapists or Criminals, same words openly pronounced by renowned feminists and Politicians, which give free hand to accuser to go for any extent and file baseless charges against anyone, best example is sexual harassment case against Chief Justice of India Ranjan Gogoi. Thus, levelling false charges against any person, knowing that there is no Punishment or Charges and also Indian Judiciary has soft corner for such accuser who scot free after all humiliation and defamation or some will not press charges once they get monetary relief which si their ultimate goal of such false accusations.
To uphold the constitutional guarantee of equal protection of laws to all persons within the territory of India under Article 14, abuse of the law has to be curbed by Punishing false accuser. Article 15(3) provides special provisions in favor of women its mockery of its own Article 15(2) and Article 14, so it should be amended or deleted. because it should be for needy not for greedy. Those to stop Misuse of these laws enabling provision for the benefit of every .
– By Rudolph Dsouza