Source: Calcutta High Court

Why in News?

Recently, the Calcutta High Court in the matter of Janak Ram v. State, has held that addressing an unknown lady as darling would be a criminal offence under Sections 354A and 509 of the Indian Penal Code, 1860. (IPC).

What was the Background of Janak Ram v. State Case?

• In this case, the accused has asked the victim police lady constable, “Kya darling challan karne aai hay kya?"
• Thereafter, a case was registered under Sections 354A and 509 of the IPC.
• The Trial Court convicted the accused and sentenced him to undergo three months imprisonment and pay a fine of Rs 500 for each of the two offences.
• The accused filed an appeal before the Additional Session Judge, which was later dismissed, and the accused was directed to surrender within a month.
• Thereafter, a criminal revision application has been filed before the High Court of Calcutta.
• While disposing of the application, the High Court modified the sentence imposed by the trial court and accordingly imposed a one-month sentence instead.

What were the Court’s Observations?

• A single bench of Justice Jay Sengupta observed addressing an unknown lady, whether a police constable or not, on the street by a man, drunken or nor, with the word “darling” is patently offensive and the word used essentially a sexually coloured remark.
• It was further held that using such an expression to an unacquainted lady cannot but be an act intended to insult the modesty of the addressee. At least as of now, the prevailing standards in our society are not such that a man on the street can gleefully be permitted to use such expression in respect of unsuspecting, unacquainted women.

What are the Relevant Legal Provisions Involved in it?

Section 354A of IPC

• Section 354A of IPC deals with Sexual harassment and punishment for sexual harassment.
• This Section was introduced in IPC by way of Criminal Law (Amendment) Act, 2013.
• It states that -

• (1) A man committing any of the following acts-

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or

(ii) a demand or request for sexual favors;

(iii) showing pornography against the will of a woman; or

(iv) making sexually colored remarks,

shall be guilty of the offence of sexual harassment.

(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

• The turning point against the growing social menace of sexual harassment of women at workplace could be traced back to the pathbreaking decision of the Supreme Court in the case of Vishaka and Ors v. State of Rajasthan (1997).
  • In this case the SC recognized sexual harassment at the workplace as a violation of a woman's fundamental right to equality and dignity.

Section 509 of IPC

About:

• This Section deals with the word, gesture or act intended to insult the modesty of a woman.
• It states that whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

Case Law:

• In the case of Abhijeet J.K. v. State of Kerala (2020), the Kerala High Court held the gravamen of Section 509 of IPC is the intent to insult the modesty of a woman. It is a settled position of law that there is distinction between an act of merely insulting a woman and an act of insulting the modesty of a woman. In order to attract section 509 of IPC, merely insulting a woman is not sufficient and insult to the modesty of a woman is required to have been done.