Nithyakalyani Narayanan. V
The Calcutta High Court decided on March 1, 2024, that calling unknown ladies “darling” or using other expressions of endearment is not only improper but also perhaps harassing. While upholding the conviction of Janak Ram for calling a female officer “darling” while intoxicated, the High Court’s Port Blair bench’s single judge Justice Jay Sengupta made the verdict.
Following an incident on the eve of Durga Puja celebrations, in which the accused addressed an unidentified female police officer as “darling,” he was arrested and legal action was taken against him.
“Addressing an unknown lady, whether a police constable or not, on the street by a man, drunken or not, with the word ‘darling’ is patently offensive, and the word used is essentially a sexually coloured remark,” the bench noted.
The complainant was part of a police unit that was sent out to keep the peace during the holidays, which is when the event happened. The culprit was apprehended after the team interfered in response to allegations of a commotion in the vicinity. The female constable filed a formal complaint under sections 354A(i) and 509 of the IPC, which deal with sexual harassment and conduct meant to degrade a woman’s modesty after the accused made the comment to her during this operation.
Upholding the conviction, Justice Jay Sengupta of the Port Blair bench stressed that such public displays of intimacy towards unknown ladies are not allowed by contemporary social norms.
The accused’s plea that there was no evidence of intoxication at the scene was rejected by the court, which reasoned that if the conduct had been carried out soberly, its seriousness would have only worsened.
He was found guilty of two offences last year under Sections 354A(1)(iv) and 509 of the IPC by the Judicial Magistrate, First Class at North and Middle Andaman, Mayabunder. He was sentenced to three months in prison and had to pay a fine of Rs 500 for each of the two offences.
In November 2023, he filed an appeal, but the Additional Sessions Judge for North and Middle Andaman denied it. After that, he brought a plea before the High Court of Calcutta.
Justice Sengupta stated during the hearing that there was sufficient proof to demonstrate that Janak Ram had indeed spoken to the female constable in the way that was claimed.
The High Court did note that Janak Ram just used the derogatory phrase and did not further “aggravate” the offence. Consequently, it lowered the three-month jail sentence from the lower court to one month.
Name of the case: Janak Ram vs The State
Bench: Justice Jay Sengupta
Click here to access the judgment.