The Kerala High Court ruled that outraging a woman’s modesty is not limited to physical acts but includes verbal and non-verbal actions as well. Expressing concern over the rising cases, the Court emphasized that women’s modesty is deeply linked to their dignity and must be protected. While upholding the conviction of two men for molesting a woman in an autorickshaw, the Court stressed the need for a zero-tolerance approach toward sexual offenses.
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Kochi: The Kerala High Court said that insulting a woman’s modesty is not just about physical actions but can also happen through words or gestures.
Justice A Badharudeen explained that Indian society values women’s modesty, so such actions must be taken seriously.
The Court also raised concern that these kinds of offenses are increasing.
“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 clarified that a woman’s modesty is not just about her physical appearance but also includes her dignity, morality, and psychological well-being.
“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.
The Court made these remarks while confirming the conviction of two men who were found guilty of molesting a woman while she was traveling with her child in an autorickshaw in 2011. The Court further stated that society must not tolerate such offenses.
“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.
This case involved two men who were charged under Section 354 (assault or criminal force with intent to outrage a woman’s modesty) read with Section 34 (common intention) of the Indian Penal Code (IPC). They forcibly entered an autorickshaw, molested the woman by pressing her breast and grabbing her belly. During the attack, the woman’s mother called her on the phone. Though she couldn’t speak, she managed to answer the call, and her mother heard her cries for help.
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Despite the autorickshaw driver and a neighbor turning hostile as witnesses, the trial court relied on the testimony of the woman and her mother to convict the two men. The conviction was later upheld by an Additional Sessions Court, prompting the accused to approach the High Court for a revision.
On January 29, the Kerala High Court refused to overturn the conviction, stating that its role in a revision petition was limited. It explained that it cannot review evidence again but can only check if there was any legal error in the lower court’s decision.
The Court also pointed out that small inconsistencies in a witness’s testimony are normal and should not lead to rejecting their statements. It found the woman’s testimony reliable and trustworthy, confirming the conviction.
However, the Court slightly reduced the punishment, cutting the sentence from six months to five months of rigorous imprisonment.
“It is important for society to take a zero-tolerance approach towards sexual offences,”
-the Kerala High Court emphasized.
Advocates KN Radhakrishnan (Thiruvalla) and Anju Susan Reji represented the convicts, while Senior Public Prosecutor Renjith George appeared for the State.
CASE TITLE:
Biju Abraham & anr v State of Kerala.
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