Legal Question in Sexual Harassment in India

public misconduct of a police officer

Can an Indian Police Officer be charged with public misconduct or sexual harrassment or misuse of power?

Here is the story...

My pregnant wife boarded II-AC coach in a train with her father. There was this big loud gang of passengers in the neighbouring coup making lot of loud noise, loud laughter, causing lot of disturbance. My wife approached these people and asked them to calm down. On hearing this, one of them from the crowd jumped up, revealed his Khaki pants, identifying himself as a Police Officer. He came charging at my wife saying, ''Do you know who I am? I am a Police Officer! I can book you in a case if I want to. Just because you are woman, do you think you can say anything?'' My wife was scared to death and left them alone, totally shaken up.

Isn't the Police supposed to be the Protector of Law and gaurd the public? Can he be charged for misusing his power to terrorize the public with his special powers given to him the Indian Government? I need justice. What should I do? Please advise. Thanks a lot.


Asked on 4/08/02, 11:27 pm

1 Answer from Attorneys
Bimal Bhaskar Bimal.B.Bhaskar

Re: public misconduct of a police officer

Dear Sir,

You have not mentioned in your query as to when this incident took place. You would have to identify the concerned police officer who displayed this particularly shabby conduct. It is quite possible that the concerned person was not an officer but a lower functionary(or even that he was not a police functionary at all). It is apparent from your narration of the facts that it is not a case of sexual misconduct, as the concerned person did not make any sexual advances or insinuations against your wife, who was in fact in the company of her father at that time. Why did your wife's father not proceed to take action against the concerned individual by lodging a complaint with the railway police (who are present in the train as also on the railway station)immediately on disembarking from the train? This conduct appears irrational? In case you are able to identify the person conerned and his present where abouts you could still take/initiate civil/criminal action against the person. (Disclaimer: This is free advice given to you purely on the basis of the facts narrated by you in the query. You are advised to get in touch with an Advocate/Lawfirm/Certified Legal Counsel closest to you for further legal advice/legal help before you take any further action. This does not constitute a legal opinion nor has it been rendered on the actual personal verification of all the material facts. You may, if you like,personally get in touch with the undersigned with all material documentary record for a detailed discussion in the matter.) Ph No:+91-040-3391293......10 a.m to 5 p.m Mobile:0-98490-5456 Resi:+91-040-3351409

Regards,

Bimal.B.Bhaskar

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Answered on 4/08/02, 11:53 pm


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