While court orders in favour of Men, particularly in false sexual harassment and molestation are far and few, the Bombay High Court in January 2019 had imposed a fine of Rs 25 lakh on a woman and her husband.
The duo had threatened to trap the court receiver in a false molestation case.
FALSE POCSO | Court Orders Minor Girl To Return Compensation After Two Men Spend 5-Years In Jail
Background:
Neha Gandhir, a proprietor of Haryana-based Feel Good India company, was involved in a trademark infringement fight with Mumbai-based Sapat and Company.
The case was filed by Sapat against Feel Good for infringing on the former’s trademark name for a cough syrup. The High Court on December 21, 2018, restrained Feel Good from infringing the copyright and appointed a court receiver to seize goods from the company’s factories. The confrontation occurred on January 4, 2019 when the court receiver and representatives of the other company tried to video-record loading of goods into a tempo, reported TOI.
The accused woman, along with her husband, had then allegedly threatened to file false molestation charges against the court receiver.
Bombay High Court
Justice S Kathawalla who was hearing the matter then slammed misuse of Gender Biased Laws and expressed,
Time and again, it is noted with distress, that a socially enabling piece of legislation, is being grossly misused with impunity, by the very gender for whose empowerment it has been enacted, leaving the male/s facing grossly wrong and derogatory charges, which they have to thereafter defend themselves against.
Such gross and patent misuse of a socially enabling piece of legislation has to be sternly condemned by the Courts and dealt with a very stern hand.
The Court imposed a fine of Rs 25 lakh on the woman and her husband.
Court Grants Rs 1 Lakh Compensation To Man Who Spent More Than 6-Years In Jail For False POCSO Case
Accused Woman Pleads Leniency On Grounds Of Being…A Mother
Gandhir’s lawyers sought leniency considering the fact that she was a young entrepreneur with two children. Gandhir admitted that “in a fit of rage”, she had snatched the photographic equipment and threatened the court receiver and representatives of Sapat. She said the “use of the word ‘molestation’ was ‘unintended in spirit’ and was as such used as a ‘term of art’ and was said in a state of great fear and apprehension.
However, Justice Kathawa did not buy this explanation and said,
If such abhorrent behaviour is left unpunished, by showing compassion to a person who knowingly, grossly abuses the process of law, and thereafter attempts to justify the same by saying that she did it in a fit of rage, the court will send out a wrong message to the general public.
Such conduct may also deter court officials from executing orders against women.
The High Court also observed,
Gandhir tried to snatch away his phone, asked him to delete what was video-graphed and used the most easily available weapon to an unscrupulous and dishonest woman, when her dishonesty is exposed, by threatening them that she will level false allegations of molestation against them.
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Woman Fined Rs 25 Lakh For Threatening To File Fake Molestation Case Against Court Receiver
Order By Justice Kathawalla | Bombay High Court | January 2019
Woman's lawyer pleaded lienency on grounds that she was young entrepreneur, mother of two childrenhttps://t.co/AjLV8fUwta
— Voice For Men India (@voiceformenind) September 15, 2022
WATCH:
Delhi HC Allows Woman To Quash False Rape Charges Against Father-in-Law After Receiving Rs 10 Lakh
https://www.youtube.com/watch?v=tM90IWZ-hzI&t=20s
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