SC finally defines Woman's modesty

New Delhi, Mar22: Trials by the court for over a century for the offence of "outraging the modesty" of a woman without knowing what really constitutes a woman's 'modesty' has finally defined the term. Its definition:"The essence of a woman's modesty is her sex."

The scope of the definition of 'modesty' as mentioned in Section 354 appears to go far beyond what framers of the code possibly had in mind as the Bench comprising Justices Arijit Pasayat and S H Kapadia will help fill a glaring void in the Indian Penal Code, 1860

The Bench said, "The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence," in a judgement that has drawn from several verdicts by different courts.

Outraging a woman's modesty as mentioned in Section 354 will apply to crimes against women that stop short of penetration, in which event it becomes rape. In the same judgement, the court ruled that penetration alone was sufficient to qualify as rape whether there has been ejaculation or not.

Definition by the court shows growing sensitivity to a changing society in which relatively subtle acts of harassment of women have come to be viewed as crime. The court also clarified that claims of lack of protest can't be an alibi.

"The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive." the Bench said. This, say legal experts, will have importance for women facing harassment at their work place, from acquaintances, or while out on dating.

In Ramkripal's case who is convicted of rape, the procurement had sought lenience pleading that he was, at worst, guilty of outraging the woman's modesty. The court, however, rejected the argument while pointing out that Ramkripal, against whom it was established that he penetrated the female organ of the victim, was guilty of rape and cannot be allowed to get away with a lighter punishment.

OneIndia News