Source: Calcutta High Court 

Why in News? 

Recently, the Calcutta High Court in the matter of Susmita Pandit Versus State of West Bengal & Another has held that Section 354 A of Indian Penal Code has been held as gender Specific Section which criminalizes only man against aby act of Sexual Harassment. 

What was the Background of the Susmita Pandit Versus State of West Bengal & Another Case?  

• In this case the respondent filed a complaint against the petitioner (daughter of Samir Pandit) and Samir Pandit (biological father of petitioner) for torturing her mother by molesting her. 
• The complaint also added that the petitioner along with others used to torture defendant’s mother and always instigate her. 
• The First Information Report was registered under Section 354A, Section 506 and Section 34 of the Indian Penal Code, 1860 (IPC) and a chargesheet was filed in the Trial Court. 
• The petitioner filed a revision application before the Calcutta High court for quashing the proceedings and argued that: 
  • The petitioner cannot be charged under Section 354 A as it is a gender specific section 
  • The chargesheet was filed without any proper investigation and the petitioner has nothing to do with the present complaint. 
  • There is an abuse of process of law. 

What were the Court’s Observations? 

• The Calcutta High Court observed that in the complaint all the charges under IPC were against Samir Pandit and not a single complaint was filed against the petitioner. 
• It was also observed by the High Court after considering the evidence that nothing attributed any indulgence of the petitioner in the present case. 
• It was also added by the High Court that under Section 482 of the Code of criminal Procedure the High Court can exercise inherent power to prevent the abuse of the process of law and to secure the end of justice. 
• It was also held by the Calcutta High Court that that Section 354A of IPC is not applicable to a woman rather it would be applicable only to a man as such prosecution of woman is impermissible. 
• Therefore, the petitioner’s contentions were accepted by the High Court and the proceedings were quashed by the Calcutta High court. 

What are Gender Specific Laws in India? 

• The Dowry Prohibition Act, 1961:  
  • This act prohibits taking or giving dowry.  
  • This act protects women from all the miss happenings in a wedlock. 
  • Section 2 (a) of this act states that “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent 
• The Commission of Sati (Prevention) Act, 1987: 
  • This act prohibits the practice of Sati against women. 
  • “Sati” means the act of burning or burying alive of— 
  • any widow along with the body of her deceased husband or any other relative or with any article, object or thing associated with the husband or such relative; or  
  • any woman along with the body of any of her relatives, irrespective of whether such burning or burying is claimed to be voluntary on the part of the widow or the woman or otherwise 
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 
  • This act prohibits any act which harms the dignity of a woman at workplace. 
  • “aggrieved woman” means—  
    • in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent, 
    • in relation to dwelling place or house, a woman of any age who is employed in such a dwelling place or house. 
• The Indecent Representation of Women (Prohibition) Act, 1986 
  • This act prohibits any kind of indecent representation of women. 
  • Section 2 (c) of the act states that indecent representation of women” means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality or morals.