A NEED TO OUTLAW ABUSING

Introduction:
“Abuse”. Hearing this word would not attract a group of population considering it as an
issue. But there are some who are getting effected due to this. Considering the present era
where the younger generation has normalized abusing, is having its own impact on children
below 10 who are raised in this culture during their early stage of life, which brings out an
urgency to control and protect the society.
This generation has made the culture of abusing seems “cool”, neglecting the fact that the
standard of the nation is degrading due to their version of “coolness”. If we see our origin
precisely, we can firmly state that the culture of abusing has invade our society after the
western influence. Thus, the impact of this influence has gone deeper into our society that
in the present days abusing is more likely considered as a language than an offence.

Abusing:
First thing which comes to our mind hearing the word “abuse” is violence which is
absolutely reasonable because where there is abuse there is violence, either physical or
verbal which comes hand in hand with emotional abuse.

a. Physical Abuse:
Any abuse caused physically, where the victim suffers physical injure is said to
be physical abuse. These can be oppressive force like punching, kicking etc.

b. Psychological Abuse:
Abuse which does not require physical strength for the dominancy is known
as verbal abuse. It consequently effects the emotional as well as mental
health of the victim. Thus, one co-address verbal abuse as emotional abuse.
Either of the abuse is a harm to our society as it causes damage to the victim as well as
disturb peace in the society. When discussed cautiously, abusing causes violence which in
further aggravate and becomes crime. It provokes the other party to act aggressively thus
creating damage in whole. Usually, abusiveness is chosen to supress the victim, showing
themselves as superior from everyone.
An abuse is always of derogatory genre. It either degrade the standard of a person, ignite
the rage inside the person or provoke the person to act aggressively causing harm or crime
at some point. Abusive words are mostly female centric which derogate the modesty of
women, which if we observed carefully is a penalised offence under section 354 that says
whoever assault or force any women criminally with an intention to disgrace her modesty
will be booked under the section with an imprisonment as well as fine.
Need of rules & regulation in regards of abusing:
With the increase of the culture of abusing in our society, an urge to outlaw it have to
become a priority. It does not only affect the youth and the coming generation, but it is also
impacting the culture on the county which is now clearly degrading due to its ill socio-
culture blend with western culture. Not to forget the erosion of morality because of the
“western/modern ideas” which is causing destruction of the families as well as the society.
Earlier, it did not pose threat to society. But as of now, where young children are seen doing
drugs and abusing, it becomes a hazardous for the peace and order of the society. And thus,
an emerging need for an Act regarding Abuse is vital.
In regard with the laws which are already present in the norms of our society are some
constitutional rights also referred as fundamental rights which can be used to provide an
argument for the issue. According to Article 19 (a) of the Constitution of India; a person has
freedom of speech and expression which have been used by the abusers in their defence
multiple times even after causing harm and damage to the victim physically as well as
emotionally. So, if critically analyse I, one can also make an argument stating Article 19 (2) of
the Constitution on India which firmly says; if the government sees fit it can impose
restriction on the freedom of speech and expression by addressing the disturbance caused
due the abusing culture in the society. Thus, the government can also criminalize the issue
for the same reasons as mentioned above.
If observed carefully, there are provisions under IPC which can be critically analysed.

Section 294 says, any person who does any act which is considered as obscene in public
place will be liable under this section. Now this can be examined critically in other ways
saying a person who abuse verbally can be linked to obscenity and obscenity can be linked
with nudity as well. Thus, if observed the person abusing can also be held liable under this
section. This was explained well in the judgement of Jaichand vs. State of Maharashtra
where it was laid down that to book the person under this section it is not required for a
person to verbally abuse in public.
Now, if we see section 504, it says that whoever insult someone or provoke someone
intentionally knowing that it may cause harm to public peace will be held liable under this
section.
In section 509, it is stated that if someone insult the modesty of any women through words
or sound will be held liable under this section.
Therefore, considering the above provisions and situations it will be right to say and demand
the need for an Act regulating abuses to prevent in the degradation of the society in large
and to preserve the culture of the same.