Woman fined Rs 25 lakh for threat to file fake molestation case

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Neha Gandhir, an entrepreneur and her husband have been recently fined of Rs 25 lakh by the Bombay High Court for the misuse of gender protection laws. Gandhir, the proprietor of Feel Good India Company, Haryana was in a trademark infringement fight with a Mumbai-based company called Sapat and Company. She allegedly threatened to file a false molestation case against the court receiver.

"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," said Justice S Kathawalla.

According to TOI, Gandhir's lawyers sought leniency considering the fact that she was a young entrepreneur with two children. 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". The HC refused to accept the explanation. "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," said the judge. "Such conduct may also deter court officials from executing orders against women," said the judge.

The case was filed by Sapat Company against Feel Good for infringing on their trademark name for a cough syrup. The High Court restrained Gandhir's company Feel Good from infringing the copyright on December 21, 2018, and appointed a court receiver to seize goods from their factories. The confrontation took place on January 4, when the court receiver and representatives of Sapat Company tried to video-record loading of goods into a tempo. "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," the court observed.

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