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Amend 'Women Protection' Laws To Prevent Misuse And To Safeguard Interest Of 'Innocent Masculinity': Madras HC [Read Order]

LIVELAW NEWS NETWORK
17 Aug 2019 1:49 PM GMT
Amend

"Certain laws, which are in existence for easy access to women, lend itself to easy misuse that women will find it hard to resist the temptation to "teach a lesson" to the male members and will file frivolous and false cases."

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The Madras High Court has made a suggestion to bring suitable amendment in 'women protection' laws so as to prevent its misuse and to safeguard the interest of the 'innocent masculinity'.

Justice S.Vaidyanathan observed thus while dismissing a petition filed by an Asst. Professor in Madras Christian College seeking to quash the "Finding of Fact" report of the Committee of Enquiry (Internal Complaints Committee), which found that there was a sexual harassment by him.

Though it dismissed the petition, the court noticed that several enactments were brought into force for safeguarding the interest of Women but expressed its doubt as to whether those laws are invoked by women with genuine reasons. It said:

Certain laws, which are in existence for easy access to women, lend itself to easy misuse that women will find it hard to resist the temptation to "teach a lesson" to the male members and will file frivolous and false cases. A similar trend is already being observed in the case of anti-dowry law (498-A), which is being misused to such an extent that the Supreme Court has termed it "Legal Terrorism".
This is the right time for the Government to think of suitable amendment in those laws in order to prevent its misuse so as to safeguard the interest of the innocent masculinity too.

Justice Vaidyanathan also pointed out that Christian missionaries are always on the source of attack in one way or the other and in the present era, there are several accusations against them for indulging in compulsory conversion of people of other religions into Christianity.

"Now, there is a general feeling amongst the parents of students, especially female students that co-educational study in Christian institutions is highly unsafe for the future of their children and though they impart good education, the preach of morality will be a million dollar question. As long as a religion is practiced in streets in lieu of its worship places, like Temple, Mosque, Church, etc., such devastation, as in the present case, does occur and will be mushrooming." 

Update :

After the remarks against Christian institutions and women protection laws invited criticism from several quarters, Justice Vaidyanathan removed them from the judgment.

On August 20, the judge agreed to expunge the remarks against Christian bodies by deleting paragraph 32 from the judgment.

Two days later, Justice Vaidyanathan withdrew the comments on women protection laws by deleting paragraphs 33 to 35 from the judgment.

(The judgment copy available in the Madras HC site still contains the removed paragraphs. The new copy will be uploaded as and when it is made available)


Click here to Download/Read Order



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