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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Fear stops women to report sexual harassment cases: Bombay HC 

Fear stops women to report sexual harassment cases: Bombay HC 

“There remains what seems like an impenetrable wall of silence around violence and we must all play a role in breaking this silence.”

The court in the case of XYZ v. State of Maharashtra while setting aside the order in which a male teacher who sexually harassed a female teacher was discharged observed that, “In such cases, the reputation of the family and the reputation and character of a woman is at stake. It is to be noted that in such cases one has to be mindful of the fact that the character and reputation of a woman in our society are preserved and protected like an invaluable jewel. The women in our society, as well as the near and dear, are, therefore, reluctant to come out in open against such a crime, which has a tendency and propensity to cause a direct dent to the character and reputation.”

The court was hearing a plea filed by the victim against the order of a magistrate court that discharged the accused from the offence of outraging her modesty. The victim is a differently abled person and it was submitted by the prosecution’s side that the accused on several instances made sexual advances. A FOR was lodged by the family of the victim. The lower court discharged the accused on the ground that the FIR was lodged after several months after the alleged incidents.

A single-judge bench further observed that “The Court has to see the reason or explanation, if any, provided in the FIR for lodging the delay. The victim also stated that to avoid defamation and humiliation in society, she did not go to the police and lodge the report

In her report, she stated that when all this become unbearable, she poured kerosene on her person and tried to set herself on fire. She has stated that she was saved by her husband and the neighbours.”