By Anuradha Gandhi & Isha Sharma
Introduction:
The recent ruling by the Hon’ble Calcutta High Court had drawn attention to the legal implications of language and remarks used towards women, especially in public spaces. Upholding the conviction of a man who addressed a female constable as “darling” while intoxicated, the court emphasized the gravity of such remark and its categorization as a criminal offence under Section 354A and 509 of the Indian Penal Code.
In the ruling delivered by Hon’ble Mr. Justice Jay Sengupta[1], Presiding over the High Court’s Port Blair Bench, the court affirmed that calling an unknown woman “darling” is not only offensive but also constitute a criminal offence under Section 354A and 509 of the Indian Penal Code, 1860.
The verdict highlighted the penalization of sexually coloured remarks under Section 354A and underscored the gravity of using sexually suggestive language or remarks, particularly when directed towards unsuspecting individuals.
The court further remarked on the societal standards, noting that expressions like “darling” are unacceptable when used by men towards unfamiliar women.
Considering the nature of offence committed, adequate punishments had to be given since there was no proof an earlier acquaintance that the appellant could have any justification to use such remarks and the prosecution was able to prove its case beyond reasonable doubt.
This reflects a broader societal expectation of respectful conduct and underscores the importance of fostering a culture of dignity and respect for all.
Brief Background:
The incident in question occurred when a man named JK (for the sake of confidentiality), under the influence of alcohol, addressed a woman constable during a police operation in Webi Junction with the question, “kya darling challan karne aayi hai kaya?” (Hi darling, have you come to impose a fine?).
Despite the appellant’s argument that the remark was made in jest, the court held it as a violation of the female constable’s dignity and an affront to her modesty under sections 354-A and 509 of IPC
“Section 354-A of the Indian Penal Code penalizes use of sexual coloured remarks. Addressing an unknown lady, whether a police constable or not, on the street by a man, drunken or not, with the word “darling” is patently offensive and the word used essentially a sexually coloured remark. The defence alleges that there is no proof that the man was drunk. If this was done in a sobre state, the gravity of the offence would perhaps be even more.
Section 509 of the Indian Penal Code, inter alia, deals with word, gesture or act intended to insult the modesty of a woman. Again, this would necessarily involve a sexually oriented act.”
The prosecution presented evidence that corroborated the incident, leading to appellant’s conviction by a lower court on charges of outraging modesty and insulting the modesty of a woman. The judgment imposed a three month jail term and fines for each offence.
The appellant’s appeal against the conviction was dismissed by the Additional Sessions Judge, North & Middle Andaman, leading to the filing of a petition before the Hon’ble Calcutta High Court who recognized that the appellant stopped at using the offending expression in question and did not further aggravate the act, which warrants a relook at the sentence imposed.
“Besides, two successive criminal Courts have come to the same conclusion about the culpability of the appellant. I do not find any exceptional reason to take a different view so as to set aside the conviction awarded.”
“In view of the above discussions, while this Court affirms the conviction imposed by the Trial Court, as affirmed by the Appellate Court, the sentence imposed is modified to the extent that the appellant shall undergo simple imprisonment of one month for committing each of the offences instead of imprisonment of three months each, both the sentences having to run concurrently.”
Conclusion:
This verdict serves as a significant reminder of the legal and societal repercussions of using derogatory language towards women and sends a strong message against the perpetuation of sexually coloured remarks and harassment in society.
[1] https://www.casemine.com/judgement/in/65e954a61b87a55bbfd2081b