Offence of outraging woman's modesty not limited to physical acts: Kerala High Court

The Kerala High Court recently observed that the offence of outraging a woman's modesty goes beyond just physical acts, and that such crimes may also be committed through verbal (spoken words) or non-verbal conduct [Biju Abraham & anr v State of Kerala]..Justice A Badharudeen further noted that since Indian society places a strong emphasis on a woman's modesty, such acts have to be dealt with sternly. The Court went on to express concern that acts intended to insult a woman's modesty are on the rise."Indubitably, Indian Society places great emphasis on modesty of women and any act that seems as an insult to modesty is a matter of serious concern. The offence of outraging the modesty of a woman is not limited to physical acts of violence but also includes any verbal or non-verbal conduct that is intended within the ambit of assault or use of criminal force … The act of outraging a female’s modesty is increasing exponentially thereby taking a toll on the lives of women leading to mental and physical agony," the Court said..The Court explained that the modesty of a woman, in such scenarios, goes beyond just physical modesty."Modesty to a woman has evolved as altogether a different concept which has very little to do with the physique of the woman. The modesty of a woman is intimately connected with femininity including her sex. Modesty is not only limited to physical modesty but it also includes moral and psychological modesty ... the modesty of a woman is sublime and any sort of intrusion or intercession is to be dealt with resolutely and soberly," the Judge observed..Indian Society places great emphasis on modesty of women; any act that seems (to be) an insult to modesty is a matter of serious concern.Kerala High Court.The Court made these observations while upholding the conviction of two men booked for molesting a woman while she was travelling with her child in an autorickshaw in 2011.The Court added that society must take a zero tolerance approach when it comes to such sexual offences."Sexual offences against women continue to be a major problem in India and efforts are still needed to ensure that laws are effectively implemented. It is important for individuals to be aware of their rights and for the society to take a zero-tolerance approach towards sexual offences to arrest the menace of sexual assault and molestation," it said..The Court was dealing with a revision plea filed by two men booked for the offence under Section 354 (assault or criminal force to woman with intent to outrage her modesty) read with Section 34 (common intention) of the Indian Penal Code (IPC).The two men were accused of barging into an autorickshaw in which a woman was travelling and then pressing her breast and grabbing her belly. While the assault was taking place, the woman's mother called her mobile phone. Though the woman could not speak to her mother, she was able to accept the call and her mother was able to hear the hue and cry raised by her daughter during the assault. The testimony given by the complainant and her mother led the trial court to find the two men guilty, even though other prosecution witnesses such as the autorickshaw driver and a neighbour turned hostile. An Additional Sessions Court later upheld the conviction, prompting the accused men to approach the High Court with a revision petition.On January 29, the High Court declined to interfere with the conviction of the two men, after noting that it had limited powers while considering a revision petition. In such matters, the High Court is not expected to re-appreciate evidence and can only examine if there is illegality or perversity in the orders under challenge, the judge explained. .The Court also observed that minor discrepancies or immaterial omissions in a witness' testimony were natural and did not warrant outright rejection of such statements. It opined that the testimony relied on by the trial court was consistent and trustworthy. Therefore, the Court confirmed the decision to convict the two men for the crime. However, it allowed to modify the prison sentence awarded to the two convicts by reducing it from six months to five months of rigorous imprisonment. .It is important for society to take a zero-tolerance approach towards sexual offencesKerala High Court.Advocates KN Radhakrishnan (Thiruvalla) and Anju Susan Reji represented the petitioners (convicts).Senior Public Prosecutor Renjith George appeared for the State..[Read Order]