Saturday, August 21, 2021

How Indian law supports feminism

Recently in my free time I was reading section 376C of IPC in one law book. I have spend considerable time in reading law books and have got the lenses through which justice is given. Fairness, equality and freedom from bias are few of those lenses. However in this section 376C, I found equality and freedom from biasness is compromised. This section says (In a nutshell) a supervisor or a person in authority is to be punished for having sexual relationship with a women under him. It blatanly assumes that only man is commiting offense by going in a relationship and does not say anything on woman if she freely choses to enter into a relationship with a man who has power(authority) and offcourse money. False promises can be made by women to lure men into relationship and if man has authority, chances of him being lured by many women increases. In my view, Section 376C should be amended to check if the woman was in a relationship with her consent then the man should not be the only one to be punished. It must be mandatory to prove that she had no free will and was forced into the act. There must be complaints made by her immediately when she got freedom to do so (Was out of influence of man). Without these evidences an innocent man can be framed to extort money for his reputation. And if relationsip was consensual, either both should be punished or none to ensure equality and freedom from bias.

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