The Calcutta High Court recently held that calling an unknown woman ‘darling’ is offensive and sexual harassment. The court added that it is a punishable criminal offence under Section 354A(i) of the Indian Penal Code (IPC).
Notably, on Friday (1st March), a single-judge bench of Justice Jay Sengupta upheld the sentencing of a convict (also the appellant in this case) named Janak Ram. He was arrested in an inebriated condition. At the time of his arrest, he had asked a lady police officer (complainant) “Kya darling, challan karne aayi hai kya?” (Hey darling, have you come to impose a fine?)”.
Upholding the punishment, the court noted, “Addressing an unknown lady, whether a police constable or not, on the street by a man, drunken or not, with the word “darling” is patently offensive and the word used essentially a sexually coloured remark. Using such an expression to an unacquainted lady cannot but be an act intended to insult the modesty of the addressee.”
The court rejected the argument that there was no proof of the accused man being drunk at the time of the incident. Responding to the argument, Judge Sengupta stressed, “If this was done in a sober state, the gravity of the offence would perhaps be even more.”
The court highlighted that the prevailing standards in our society are not such that a man on the street can gleefully be permitted to use such an expression in respect of unsuspecting, unacquainted women.
According to the prosecution, the victim police constable was part of a police patrolling team that went to Lall Tikrey to maintain law and order on the eve of Durga Puja. When the Police team reached Webi junction, they received a complaint that a person was creating a nuisance in the area.
Based on the complaint, the police team reached the place to apprehend the miscreant. As the area was not well-lit, they decided to go under the street light in front of a shop. When they reached the street light, the appellant who was standing in front of the shop asked the sexually coloured question. He asked the complainant, “Kya darling challan karne aai hay kya?”
Following the incident, Mayabunder Police Station filed a first information report (FIR) under Sections 354A (1) (iv) and 509 (word, gesture, or act intended to insult the modesty of a woman) of the Indian Penal Code (IPC).
On 24th April 2023, the Judicial Magistrate, First Class at North and Middle Andaman, Mayabunder, convicted the appellant for offences under Sections 354A(1)(iv) and 509 of IPC. It sentenced the convict to simple imprisonment for three months and a fine of ₹500 for each of the two offences. Later, his appeal was dismissed by the Additional Sessions Judge, North & Middle Andaman on 21st November 2023. Subsequently, he filed the present revisional application before the High Court against the conviction and sentence.
During proceedings, the Court also examined Sections 354A and 509 and held that using expressions like’ darling’ to address an unacquainted lady would be an offence under both provisions.
The court noted, “At least as of now, the prevailing standards in our society are not such that a man on the street can gleefully be permitted to use such expression in respect of unsuspecting, unacquainted women.”
The Court also noted that there was sufficient evidence provided by the prosecution to prove that the victim had indeed addressed the woman constable in the manner as alleged.
However, the court took a lenient approach to the aspect of sentencing. The court ruled that since the appellant had stopped after making the contagious remark, and did not aggravate the situation, it reduced the sentencing to just one-month imprisonment.
