Ernakulam: The Kerala High Court, while refusing to set aside the conviction and sentencing of two convicts for outraging the modesty of woman, said that 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.
“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,” Justice Badharudeen said while upholding the order of trial court and sessions court, which dismissed the appeals of the convict.
Efforts are still needed to ensure that laws against sexual harassment are effectively implemented: High Court
The High Court noted that the legislature has taken steps to strengthen laws against sexual offences, with stricter deterrents for rape and sexual assault, however, 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 added.
Act of outraging a female’s modesty is increasing exponentially which is taking a toll on lives of women: High Court
The High Court said that the act of outraging a female’s modesty is increasing exponentially which is taking a toll on the lives of women leading to mental and physical agony and the word modesty has to be judged as a quality or state of being modest, which is characterised by humility, restraint, simplicity, and good taste. The act of outraging the modesty of a woman refers to the virtue that attaches to a female owing to her gender and is an attribute associated with females in general and it is a sense of shame or bashfulness that a woman feels when faced with any act that is intended to outrage her modesty, it added.
Modesty to a woman has evolved which has very little to do with physique of woman: High Court
“To put it differently, 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 moral modesty of a woman is said to be the sense of shame or bashfulness that a woman feels when faced with any act that is intended to outrage her modesty. The psychological modesty of a woman is said to be her innate sense of self-respect and dignity. Thus the modesty of a woman is sublime and any sort of intrusion or intercession is to be dealt with resolutely and soberly,” the High Court said.
High Court also vacated interim stay in executing sentence
The High Court, however, modified the sentence awarded by the trial court from six months rigorous imprisonment to five month rigorous imprisonment. It also vacated the interim stay in executing the sentence and directed to the revision petitioners to surrender before the trial court within two weeks to undergo the sentence.
What was the case?
As per the prosecution, in furtherance of common intention shared by the accused to outrage the modesty of the de facto complainant, at about 8.00 PM on September 18, 2011 while the de facto complainant was travelling in an autorickshaw with her kid with the accused persons, the first accused pressed on the left breast of the de facto complainant and the second accused caught on her belly and thereby, outraged her modesty.
