Recent
incident in Mumbai has again exhibited the state of a deeper malaise in our
society requiring us to pause and think, and indentify the possible reasons
behind this. A 22-year old photo journalist was gang-raped in the evening hours
in an isolated place reminding us of the chilling memory of brutal gang-rape
Delhi, not long before, that had resulted in death of the victims. Whereas, the
number of crimes against women has only risen, they have become more heinous
and nauseating in their dimensions. You
will agree there is no uniform law in this country to curb this menace effectively
in or within the precinct of educational institutions, places of worship, bus
stands, metro-stations, railway stations, cinema theatres, parks, beaches,
places of festival, public service vehicles or any other similar place. Another
menace is Eve-teasing, which generally occurs in public places. Consequences of
not curbing such a menace, needless to say, at times disastrous. There are many
instances where girls of young age are being harassed, which sometimes may lead
to serious psychological problems and even committing suicide. Every citizen in
this country has right to live with dignity and honour which is a fundamental
right guaranteed under Article 21 of the Constitution of India. Sexual
harassment like eve- teasing of women amounts to violation of rights guaranteed
under Articles 14, 15 as well.
Section 294 says that:- Whoever, to the annoyance of others- (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song; ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both”..
Section 509 IPC says, “Whoever intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending, that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine or with both” ....
Prosecution has the onus to prove that the accused committed any obscene act or the accused sang, recited or uttered any obscene song; ballad or words and this was done in or near a public place, it was of obscene nature and that it had caused annoyance to others. That the accused had uttered the words or made the sound or gesture and that such word, sound or gesture was intended by the accused to be heard or seen by some woman. Normally, it is very difficult to establish those facts and, seldom, complaints are being filed and criminal cases will take years and years and often people get away with no punishment and filing complaint and to undergo a criminal trial itself is an agony for the complainant, over and above, the extreme physical or mental agony already suffered.
Eve teasing today has become pernicious, horrid and disgusting practice. The Indian Journal of Criminology and Criminalistics (January- June 1995 Edn.) has categorized eve teasing into five heads viz. (1) verbal eve teasing; (2) physical eve teasing; (3) psychological harassment; (4) sexual harassment; and (5) harassment through some objects. In Vishaka and Others v. State of Rajasthan; (1977) 6 SCC 241, Hon’ble APEX Court Court has laid down certain guidelines on sexual harassments. In Rupan Deol Bajaj and another Vs. K.P.S. Gill; (1995) 6 SCC 194, Learned Court has explained the meaning of “modesty” in relation to women. More and more girl students, women etc. go to educational institutions, work places etc. and their protection is of extreme importance to a civilized and cultured society. The experiences of women and girl children in over-crowded buses, metros, trains etc. are horrendous and a painful ordeal.
Normally, woman seldom files complaints and often the wrong doers are left unpunished. But this time, this didn’t happen. Mr Jaswant Singh and Mr Davinder Kumar got the punishment from the Department. Supreme Court of India even did not bring respite for Mr Gandhi and he lost the SLP.
Section 294 says that:- Whoever, to the annoyance of others- (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song; ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both”..
Section 509 IPC says, “Whoever intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending, that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine or with both” ....
Prosecution has the onus to prove that the accused committed any obscene act or the accused sang, recited or uttered any obscene song; ballad or words and this was done in or near a public place, it was of obscene nature and that it had caused annoyance to others. That the accused had uttered the words or made the sound or gesture and that such word, sound or gesture was intended by the accused to be heard or seen by some woman. Normally, it is very difficult to establish those facts and, seldom, complaints are being filed and criminal cases will take years and years and often people get away with no punishment and filing complaint and to undergo a criminal trial itself is an agony for the complainant, over and above, the extreme physical or mental agony already suffered.
Eve teasing today has become pernicious, horrid and disgusting practice. The Indian Journal of Criminology and Criminalistics (January- June 1995 Edn.) has categorized eve teasing into five heads viz. (1) verbal eve teasing; (2) physical eve teasing; (3) psychological harassment; (4) sexual harassment; and (5) harassment through some objects. In Vishaka and Others v. State of Rajasthan; (1977) 6 SCC 241, Hon’ble APEX Court Court has laid down certain guidelines on sexual harassments. In Rupan Deol Bajaj and another Vs. K.P.S. Gill; (1995) 6 SCC 194, Learned Court has explained the meaning of “modesty” in relation to women. More and more girl students, women etc. go to educational institutions, work places etc. and their protection is of extreme importance to a civilized and cultured society. The experiences of women and girl children in over-crowded buses, metros, trains etc. are horrendous and a painful ordeal.
Normally, woman seldom files complaints and often the wrong doers are left unpunished. But this time, this didn’t happen. Mr Jaswant Singh and Mr Davinder Kumar got the punishment from the Department. Supreme Court of India even did not bring respite for Mr Gandhi and he lost the SLP.
