Anonymous
Asked April 05, 2017

Harassed by step father and mother

  • 1 Answer
  • 556 Views

I am a b.tech student. I lived with my mother and step-father where he tried to molest me. He used that come sit beside me as I am your father. In present too, he tries to keep his hands on my shoulder. I told my mother several times that I don't like these things yet she did not take any action against him.No one ever paid any attention to me whether I have eaten food or not. They did not care for me. Once I got poor marks in a demo test in my 12th grade, my mom picked me up from the IIT coaching and took me to the tuition. The whole way she beat me on my legs. After I reached there she slapped me in front of 40 students and she did not get patient on being told by my teacher too. After coming back from there she took me to the room and beat me. In fact, my hand was burnt too with the help of pressure cooker. I always used to be in depression.  In fact, my fee was also paid after making me cry a lot. If I would have been in my classes or in the washroom and could not pick up the call my mother would say that you roam here and there and can't live without boys. During December that is winter breaks, when I went there my name was changed forcefully.  Then they asked me to come for making of documents for their own purpose. During February they threatened me by the name of police and called me back. When I went there I was tortured and asked to give a false statement against my friend.  They called at his home and I was forced to say that he harassed me. They also said that you have to say that he demands for engagement. Then after coming back too, they did not stop. They threatened me of withdrawing my admission from the University. They complained to my wardens that I don't talk to them on call. When my wardens called me they came to know that I had a talk that evening itself with them. I said that you parcel me my documents and pay the fees for my B.tech and I'll return you once I start earning but they said that when we wanted your Aadhar card you did not turn up so we won't be getting done your Aadhar card and will also not handle you your documents. After my wardens got to know everything they supported me. But within two days they called in Academics to my mentor and told him that my daughter is missing. When sir searched me and I was found in my class itself and wardens too said that she was in the hostel. Then they came to my University and discussed with higher authorities and we were asked to sit and solve out the matter. But as soon as we sat to talk they gave me three options: 1) I have to take admission somewhere else then only they will pay my fees if they want. 2) We will withdraw your admission, not pay your fees and you have to take re-admission on your own. 3) If you want to live in the present University itself then get your friend ABC out of the University. The next day they again came and tried to take me away. They were continuously asking contact details of my friend's  parents but authorities refused to give. After leaving they found ABC's father's contact and tried to threaten them. They took ABC in between whereas there is no involvement of ABC. Today morning they called me and said that "you have time till evening to take your decision. We have already talked to the lawyer and we will take three days to get papers done. Then we will surrender and we go to jail or not we will put you and your friend behind the bars. In fact, your lie detector test will also be done and your physicality test will also be done. We will get the written statements from other people." In fact, they have also got my out-pass banned so that I can't take any actions. Please help me to get legal actions.

Answer 1

Dear Sir/madam,

Don’t let yourself be bothered about the police complaint that your family keeps on threatening about. There seems no legal or valid reason for lodging a complaint with the police. The police is also smart in such issues. They won’t unnecessarily lodge a complaint based on the 3rd class arguments of your parents. Thus, you can ignore such a threat. It is all a hoax. Putting someone behind bars is not that easy as it seems. They are simply forcing you to do certain things without any legal support and they might not get the desired legal support. Because the reasons doesn’t for a second seem logical. Even if they try to lodge a complaint against you or your friend, that won’t be an issue because you both are adults I suppose and it will be your word against theirs. Also, you have attained the age of majority and capable enough to take legal decisions of your life. The complaint against your friend might lie in circumstances where your parents tell the police that your friend tried to influence you with something or is taking advantage of you etc. Against all such allegations, you can testify with the police as to no such happenings. As a precaution against such a police complaint, you can first approach the police before them and file a counter complaint in advance. This complaint will be as an apprehension, saying that so and so things might take place in future – blaming me and my friend. Do take a receiver on a duplicate copy of the same application to prove your point in the future. Such an advance application gives you an edge over the fake complaint to come with the police station, blaming you.

They are just taking advantage of your immaturity and your lack of legal knowledge. That is all what it is. Is Lie detector and Physicality test a joke ? One needs a special permission from the court for such tests to be conducted and recorded as evidence. And to prove the facts and circumstances of some complex criminal offence etc. It happens in the evidence stage of an established case before the court of law. Plus, these tests cannot be forced upon you by anyone, not even by the court itself. Your consent is mandatory.

On your query on your step-father trying to molest you while you were a child (below 18 years of age), a complaint in the court of law is maintainable. For this, section 11 of the The Protection Of Children From Sexual Offences Act, 2012 comes to your aid and talks about Sexual Harassment in specific. The punishment for this act, is a maximum of 3 years. If he continues or further tries to do the same, there are certain other provisions of law for the aggrieved person, usually above 18 years of age. Section 354 of The Indian Penal Code mentions Assault or criminal force to woman with intent to outrage her modesty.

The threatening act of theirs, is also covered under law and legal provisions tend to provide protection by means of Section 503 of The Indian Penal Code enlisting Criminal intimidation[1]. This section very well covers all their persecution till date.

Don’t be afraid of such false threats. What you need right now is someone to counsel you on such abnormal parents and daughter situations. Please refer to these phone call numbers – 1098 child helpline toll free number and women helpline numbers :  +(91)-22-66300300(ahmedabad), +(91)-7891091111 (Jaipur) or contact the Mahila Police Station of your area.

Your friend or his father can also lodge an F.I.R. in the police station taking aid of the torture that they are facing. This is sheer mental harassment of unnecessarily threatening someone to file a police complaint against them.

You can also present a police complaint or Court case directly before the magistrate under the purview of Domestic Violence. The heads of Economic abuse, sexual abuse, verbal and emotional abuse, physical abuse – all covered under Section 3 of Protection of Women from Domestic Violence Act, 2005.

Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below

https://lawfarm.in/legal_cases/new

 

[1] Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intim­idation

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