In a landmark ruling, the Calcutta High Court has declared that addressing an unknown woman as “darling” constitutes a criminal offense under Sections 354A and 509 of the Indian Penal Code (IPC).
The judgment came from single-judge Justice Jay Sengupta at the High Court’s Port Blair bench, who made the observation while upholding the conviction of one Janak Ram for addressing a woman constable as “darling” while under the influence of alcohol.
“Calling an unfamiliar woman, regardless of her occupation, on the street, by a man, whether intoxicated or not, using the term ‘darling,’ is inherently offensive and carries connotations of a sexually suggestive nature,” noted the bench.
Justice Sengupta stressed that the current societal standards do not permit men to use such expressions, especially toward unsuspecting and unacquainted women.
The incident in question occurred when Ram, inebriated, asked the woman constable if she had come to impose a fine, using the phrase “kya darling, challan karne aayi hai kya?”
The prosecution’s case outlined that this occurred while a police team, including the woman constable, was maintaining law and order on the eve of Durga Puja.
The Mayabunder Police Station lodged an FIR against Ram under Sections 354A(1)(iv) and 509 of the IPC stating that such behaviour amounts to outraging the modesty of a woman.
Last year, the Judicial Magistrate convicted him and sentenced him to three months in jail along with a fine of Rs 500 for each offense.
His subsequent appeal to the Additional Sessions Judge was rejected.
During the recent hearing, Justice Sengupta’s bench noted sufficient evidence to prove Ram’s misconduct but observed that he did not aggravate the offense beyond uttering the offensive word.
Consequently, the High Court reduced his jail term to one month.
