On September 9, 2021, Poonam Pandey was arrested in a Delhi court on charges of criminal offence punishable under sections of the Indian penal code. This is the first arrest made under the “IPC Section” for voyeurism and she is now charged with one more offense which carries a maximum penalty of five years in prison. However, it is important to state that poonam pandey on raj kundra day was not the first face of an IPL scandal. The arrest itself was only the first of several arrests which occurred over the next few months. On October 8, Mumbai Mirror reported that Mumbai Police had filed the case of offences under the provisions of the IPC after raids in Pune uncovered the existence of two separate networks in Mumbai.
The IPC makes it a crime to knowingly and willfully look at, record, or film the contents of another person’s vagina, mouth or other penetrative sex organ without their consent. This includes looking at pictures, videos, or any material that contains nudity or sexual activity. These could be anything from exposing genitals in public or performing a lap dance on married women, to people being engaged in some sort of intimate private or adult interaction. In this case, Poonam Pandey on raj kundra Day was just the first of many faces of this crime in the Mumbai cyber world.
The second arrest happened a week later in Pune when another porn star, identified as Naveen Kaushik, was arrested along with another accused under the IPC. The other man was identified as Sameer Ahmed. The two were charged under the Prevention of Sexual Harassment Act. This is an archaic act in India, but covers all types of sexual harassment in the country. This act was introduced in the Indian penal code in 1969 and has now been updated and included in the Indian penal law along with sections related to voyeurism and stalking. It is important to note that neither of the accused, Poonam Pandey or Sameer Ahmed, had actually committed the charges against them, but was rather just used as a way to tarnish the image of the opposition in the Mumbai civic elections.
The arrests motivated the third person, who decided to form a group of persons in support of Poonam Pandey on raj kundra Island. The reason for the group was to help her get bail so that she can go home to her family. Her father and brothers are still in jail, along with her sister. Poonam’s case has now been turned over to the Mumbai sessions court. The prosecution is yet to make a statement on whether or not they would be contesting the case, or if they will accept it.
It seems that the prosecution was not interested in a fair trial and is just looking to tarnish the reputation of the opposition in the Mumbai civic elections. There is no doubt that the arrest was unjustified, and Poonam has been a victim of police brutality, and the rape of a mentally challenged man. However, her case will not go to trial because of lack of evidence to prove her innocence. The Mumbai sessions court has already dismissed the charges against Poonam, stating that the case does not fall under the categories of ‘pornography’ nor does it include the word ‘rape’.
Poonam’s arrest is however in the headlines, rather than the entire case. This however, is perhaps part of the government’s strategy to ensure that their anti-prostitution laws are cracked down on severely. It also shows how hard the prosecution is willing to work on this case, even though it may have fallen under the wrong section of the law. As long as the prosecution succeeds in putting Poonam behind bars, it will be seen as another victory for the corrupt politicians of the city. They will no doubt use this case as a scare tactic to further isolate and intimidate other opposition parties and further consolidate their hold over Mumbai.
