Protection of women is of utmost importance in a civilized society

Protection of women is of utmost importance in a civilized society written by Sabareesh Pillay student of School of Law, University of Mumbai Thane Sub-Campus

Abhijeet J.K Vs State Of Kerala And Others

FACTS:

In this case of, a 39-year-old lady was walking to her house late at night. The petitioner was also riding his motorcycle on the same road. The lady and the petitioner were complete strangers and had no relationship with each other. Then, he offered to give her a lift after following her for some time. The lady accepted and sat on his motorcycle. Soon, the petitioner started making improper sexual gestures to the lady and outraged her modesty. The acts allegedly committed by the petitioner amount to an affront to her feminine decency. Such acts could be perceived as capable of shocking the sense of decency of the lady. Later, the victim filed a written complaint (F.I.R) at the police station. The petitioner in his appeal asked the court to quash the F.I.R.

ISSUE:

Under section 509 of the Indian Penal Code

PETITIONER CONTENTION:

It was contended by the petitioner, that the acts by him are only trivial and they come under the category of a different section. The petitioner argued that the first information report does not attract the offence punishable under Section 509 I.P.C. further, said that there is no evidence supporting that the petitioner outraged the modesty of the victim and only hearsay evidence was considered. 

RESPONDENT CONTENTION:

The respondent contended that, there was clear evidence that the modesty of the woman had been outraged and no evidence could be provided as nobody else other than the victim was present at the scene. According to the statement of the victim, the petitioner asked the lady- “You get up. You come along with me.” It was held that, prima facie, in the light of the attending circumstances, it amounted to an act of insulting the modesty of the victim lady. These words shocked the lady and it was indecent.

JUDGEMENT:

The court acknowledged that there are no uniform laws in the country to curb eve-teasing in educational institutions, places of worship, bus stands, metro-stations, railway stations, cinema theatres, parks, beaches, and places of festival, public service vehicles and any other similar place. The bench of Justice Narayani Pisharadi said that:

“Sexual harassment like eve-teasing of women amounts to violation of rights guaranteed under Article 14, Article 15 of the Indian constitution. We notice in the absence of effective legislation to contain eve-teasing, normally, complaints are registered under Section 294 or Section 509 IPC. Eve teasing today has become pernicious, horrid and disgusting practice. More and more girl students, women etc. go to educational institutions, work places etc. and their protection is of extreme importance to a civilized and cultured society”.

The court, dismissed the petition and said that the statement given by the victim is deemed enough evidence and the F.I.R filed will not be quashed.