LI Network
Published on: 31 August 2023 at 18:30 IST
The Delhi High Court has recently clarified that insulting a woman, behaving rudely, or failing to display chivalry towards her does not automatically amount to outraging her modesty as defined under Section 509 of the Indian Penal Code (IPC). This clarification was provided while overturning a trial court’s decision that found prima facie evidence against a petitioner under Section 509 IPC.
In the case in question, an employee lodged a complaint against her employer, accusing him of using derogatory language and terms like “Gandi Aurat” (Dirty Woman) during a dispute between them. However, the court noted that the language used, though harsh and derogatory, was not profane, vulgar, or of a sexual nature.
Justice Swarna Kanta Sharma, presiding over the bench, remarked, “The word ‘Gandi Aurat,’ taken in isolation without any contextual cues or preceding/succeeding words indicating an intent to outrage the modesty of a woman, does not fall within the purview of Section 509 IPC. Had there been other accompanying words, context, or gestures suggesting a criminal intent to outrage a woman’s modesty, the outcome might have been different.”
The court emphasized the importance of maintaining neutrality when dealing with gender-specific laws. It underscored that interpreting and applying such laws should be guided by the principles of criminal jurisprudence and a balanced judicial perspective, rather than being skewed towards any particular gender.
The judgment clarified that gender-specific laws address unique issues faced by a particular gender and are not inherently biased against the opposite gender.
The court also delved into the interpretation of the word “dirty” in the context of both inanimate objects and human beings, noting its varied connotations, from being unclean to even being used affectionately.
This judgment, delivered in the case of Varun Bhatia v. State and Another [Neutral Citation: 2023:DHC:6177], clarifies the boundaries of Section 509 IPC and establishes that not all instances of derogatory language towards a woman constitute outraging her modesty.
