New Delhi: Calcutta High Court Rules Calling Unknown Woman "Darling" a Criminal Offence

NEW DELHI: The Calcutta High Court has held that referring to an unknown woman as "lover" is an offense under Sections 354A and 509 of the Indian Penal Code (IPC). The judgment that was delivered by single judge Justice J Sengupta at the Port Blair bench of the High Court, upheld Janak Ram's conviction for addressing a "darling" of a female constable while we were under the influence of alcohol.

The questionable incident occurred when Ram, who was drunk, approached the female officer and made her uncomfortable by asking her if she had come to pay the fine, using the phrase "kya darling, challan karne aayi hai kya?". The prosecution said the incident took place on the morning of Durga Puja when a police team, including a woman constable, was maintaining law and order. Consequently, the Mayabunder police station registered an FIR against Ram under Sections 354A (1) (iv) and 509 of the IPC, stating that such acts amounted to outraging the modesty of the woman staff.

Last year a jury convicted Ram and sentenced him to 3 months imprisonment along with Rs 500 fine for each offence. His appeal to the Additional Sessions Judge was later on got dismissed. In the latest hearing, a bench of Justice Sengupta accepted the abundant evidence of Ram's misconduct but noted that the offense was no more serious than the offensive words that the officer had uttered, resulting in the High Court reduced his sentence to a single month. This decision highlights current social norms that discourage men from using such terms, especially with unsuspecting and uninformed women in the workplace. This resolution sets a precedented step towards combating the gender-based misconduct in the workplaces that is by emphasizing the importance of respecting the dignity and autonomy of women in the public spaces.

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