In a recent verdict, the Calcutta High Court decided that calling an unknown lady "darling" constitutes sexual harassment and is punishable under Sections 354A and 509 of the Indian Penal Code (IPC). The verdict came as the court upheld Janak Ram's conviction for using the epithet "darling" to address a female police constable while under the influence of alcohol.
The incident occurred on October 21, 2015, as part of the Andaman Islands' Durga Puja festivities. Janak Ram, who was held by local police for causing a disturbance, made the questionable comment to a female officer, asking whether she had come to issue a fine.
Ram's defence claimed that the term "darling" was intended as a joke and that it is often used in Indian society without sexual implications. However, the court ruled that such language towards an unfamiliar woman, regardless of intent, is a crime under the IPC.
Justice Jay Sengupta, who presided over the case, highlighted that societal standards in India do not allow men to address unknown women in this manner. He stated that even if the act was committed in a sober condition, the gravity of the offense would remain severe.
Despite Ram's appeal against the conviction, which cited a lack of independent witnesses and conflicting evidence of intoxication, the court considered the prosecution's case persuasive. Ram's initial three-month jail sentence was lowered to one month since he did not exacerbate the situation after using the obscene remark.
This verdict emphasizes the necessity of preserving women's dignity and modesty in public areas. It underlines the legal ramifications of using pejorative phrases about women, even in fun, as well as the importance of cultural sensitivity and societal norm awareness.
The case serves as a reminder of India's continued attempts to address sexual harassment and gender-based discrimination within its legal framework. It reinforces the judiciary's commitment to protecting women's rights and dignity while also highlighting the need for broader cultural changes in attitudes toward gender relations and respectful behavior.
Overall, the Calcutta High Court ruling establishes a precedent for holding individuals accountable for their words and behavior toward women, thereby building a safer and more inclusive society for all.
(Input from various resources)
(Rehash/Susmita Bhandary/MSM)
