(This story originally appeared in on Mar 31, 2017)

A comic faux pas of sorts had cops at the Warje Malwadi police station registering cross complaints of molestation after a petty squabble between a woman lawyer and a female law student over the former's dog recently. But, on a serious note, what it exposed was a complete lack of knowledge among police personnel about the laws of the land.“It is impossible. There must be an outrage of her modesty before filing a case under the non-bailable section 354 of the Indian Penal Code. If the accused is a lady, then there is very little scope for molestation. A woman can file a case of unnatural sex or rape against another woman, but surely not Section 354,“ opined advocate B A Aloor.The incident came to light on Wednesday, when both the parties managed to get interim anticipatory bail from Additional Sessions Judge LL Yenkar's court. It all happened on the evening of March 13, when the third-year law student of a reputed law college from the city was playing badminton with her roommate near the housing society next to her hostel in Karve Nagar.In her statement before the police, the 23-year-old, who hails from Uttar Pradesh, said, “Around 7 pm, I was playing badminton with my friend near the girl's hostel, when the lawyer's dog began barking. The lawyer, who resides in a nearby society, approached us, under the impression that I was responsible for her dog's cries. She started arguing with me and, without any reason, held me responsible for harassing the dog. I was holding my racket, and she held that arm and shook it a number of times. She also threatened to kill me. Being a woman, her act outraged my modesty.“ As soon as the girl lodged the complaint, the 52-year-old woman lawyer working in Shivajinagar district court also filed a charge of molestation against the girl and her male friend. According to the lawyer's complaint, “On the day of the incident, I heard my dog sitting near the gate of the society and barking. I saw that the girl staying at the nearby hostel was playing badminton on the road. They used to harass the dog every day, despite me asking them not to. But the girl was arrogant and started shouting at me. When I reached the gate with my daughter, she tried to hit me with the racket. I held her hand to stop her. I left the place after that. Later, the girl visited the society with her friends again. She knocked at my door and, when I opened it, the person accompanying her tried to attack me. Both of them held my daughter's hand and tried to drag her. Finally, they left the place by abusing us and threatening to kill us.“She further alleged that by dragging her daughter, they molested her, which is why she filed a case of molestation.On March 14, Warje Malwadi police filed two cases of molestation -one by the law student against the lady lawyer, and another by the lawyer against the law student and her male friend. Perplexed, the cops have sent the case for legal opinion from a government pleader. Neither of the accused wee arrested. They approached court for anticipatory bail and were granted interim relief on March 29.In his defence, senior inspector Anuja Deshmane from Warje Malwadi police station told Pune Mirror, “When both the parties approached us, we initially tried to convince them about resolving the issue amicably. But both were aware of the laws and insisted that we file the complaints according to their complaint application.So, we had no option but to register a case of molestation against both the parties.“When Mirror asked how a case of molestation can be filed by a woman against another woman, she asserted, “We have filed the case in keeping with the statement of the complainants. We have sent the matter for legal opinion from the public prosecutor and are expecting an answer in a couple of days. There are a few case laws pertaining to such matters. The police cannot be legal experts in each case. Therefore, we have sought legal opinion,“ said Rajmane.The student conceded to Mirror, “It was all because a cat had jumped into the lawyer's house, which got her dog barking. But, she held us responsible for that.We were the first to lodge the complaint, but we were shown as cross complainants. My friend has been unnecessarily sued; he was only there to resolve the issue. The police clearly worked under pressure.“ When Mirror contacted the lawyer, she refused to comment on the issue.As for their respective counsels, advocate Milind Pawar, who is representing the law student, said, “My client was unnecessarily harassed. The issue was made serious by the police by filing a false case against her. The lawyer used her influence to sue her and her friend.“ Advocate Prasad Kulkarni, who is representing the lawyer, added, “We submitted to the court that a false case has been filed against my client. How can a lady molest another lady. My client has been harassed by the students for no reason.“Explaining the legal provisions further, advocate Bhalchandra Pawar said, “The description of Section 354 of the Indian Penal Code mentions the word `whoever' and `he'. While drafting the law, the lawmakers considered a male accused only. There can be counter arguments to this notion -a man can also feel that his modesty was outraged by a woman. There can be so many claims and counter claims.But how can law allow this?“