Ahmedabad: Court Orders Compensation for False Molestation Charges

Observing misuse of the law for the protection of women, a judicial court has ordered a nurse attached to a Community Health Centre (CHC) to pay Rs 10,000 compensation to a doctor for levying false charges of molestation against him causing "mental, physical and social harassment."

The court has also ordered the police to lodge an FIR against the nurse for instituting false prosecution against the doctor.

It was found that the staff nurse originally harboured a personal grudge against the doctor as he warned the nurse against allowing her relatives to stay in the Community Health Centre.

As per a recent media report by Times of India, the case concerned a nurse, who is presently on probation at the Community Health Centre (CHC), Suigam in Banaskantha district, while the doctor is the in-charge superintendent of the facility.

The staff nurse in her submission stated that on December 12, 2019 night the doctor allegedly touched her and also abused her verbally. She also alleged that the doctor used to intimidate her.

However, after the trial, the court found out that the nurse seemed to be interested in securing a transfer to the native place and she allowed her relatives to spend nights in the CHC room of the facility she was serving.

Taking note of the same, the doctor gave her a strict warning and forbade her from allowing her relatives to sleep or stay in CHC rooms. It was also found that she was directing patients to private hospitals and was discouraging them from seeking treatment in public hospitals. She was reportedly misguiding them by saying that certain kinds of facilities which were required in the treatment might not be found in government facilities.

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Times of India reports that the court found that fearing the doctor might report the cases to her seniors, the nurse came up with a complaint of molestation to teach a lesson to her superior.

"Moreover, it appears that the complainant has misused the law for the protection of women and it is necessary to stop such people from misusing the law," observed judicial magistrate first class at Suigam, Atul Kumar. The court also referred to a judgment of Madras High Court which suggested amendment in women protection laws as it is gradually being misused by miscreants for conducting extortion and the court also termed such practices as "legal terrorism in India".

The court further noted that following the witness statements it was established that the nurse was not efficient enough in performing her duty and redirected patients to private hospitals. "The complainant's act is dangerous for social health," stated the court while passing the order.

Subsequently, it instructed the nurse to pay Rs 10,000 compensation within one month and in case of default, she will have to serve 30-day imprisonment.

After finding the accusations false, the court has also instructed the Commissioner of Health to conduct a departmental inquiry against the nurse and take actions accordingly. The court has asked the concerned authority to submit their departmental inquiry report within 30 days, adds the daily.