Calcutta High Court Rules Calling an Unknown Woman ‘Darling’ as Sexual Harassment under IPC
In a recent ruling, the Calcutta High Court has declared that addressing an unknown woman as ‘darling’ constitutes offensive and sexually colored remarks under Section 354A(i) of the Indian Penal Code (IPC). The decision, delivered by Justice Jay Sengupta at the Port Blair bench, upholds the conviction of Janak Ram, who, while inebriated, had asked a lady police officer, “Kya darling, challan karne aayi hai kya?” (Hey darling, have you come to impose a fine?).
Justice Sengupta referred to Section 354A, which pertains to outraging the modesty of a woman, emphasizing that it penalizes the use of sexually colored remarks. The court deemed addressing an unknown lady on the street with the term ‘darling’ as patently offensive, categorizing it as a sexually colored remark.
The accused had claimed no proof of his inebriation, but the court asserted that even if done in a sober state, the gravity of the offense would remain. The judgment highlighted that prevailing societal standards do not permit such expressions towards unsuspecting, unacquainted women.
The case stemmed from an incident where a police team, including the victim police constable, apprehended a miscreant creating nuisance. During the arrest, the accused posed the offensive question under a street light. The court acknowledged the lack of independent witnesses but found the evidence of police personnel compelling enough to support the prosecution.
The appellant, initially sentenced to three months in prison and fined ₹500 for each offense, appealed the decision. The High Court modified the punishment to one month imprisonment, considering the nature of the offense and noting that the appellant did not aggravate the situation beyond uttering the offensive expression.
Advocates Deep Chaim Kabir and S Ajith Prasad represented the appellant-convict, while Advocate AS Zinu represented the State in the case. The ruling emphasizes the court’s stance against using such expressions toward women in public spaces, highlighting the need to uphold respect and dignity.
