Calling unknown woman 'DARLING' is sexual harassment: Calcutta High Court

• Image Credit: Google

• Mar 3, 2024 | Guriya Khatun

While upholding the conviction of Janak Ram for calling a female constable "darling" while intoxicated, the High Court's Port Blair bench's lone judge made the statement.

Digital Desk: Using the word “darling” for any unknown woman is considered offensive and could be a criminal offence under Sections 354A (outraging modesty of a woman) and 509 of the Indian Penal Code (IPC) said the Calcutta High Court. 

While upholding the conviction of Janak Ram for calling a female constable "darling" while intoxicated, the High Court's Port Blair bench's lone judge made the statement.

"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 stated.

Justice Sengupta stated that the norms of Indian society currently do not allow a man to "gleefully be permitted" to refer to "unsuspecting, unacquainted women" with terms like "darling." 

The court further stated that the "gravity of the offence would perhaps be even more" if the incident had occurred when the appellant was sober.

Janak Ram had asked the woman constable (the complainant in the case) "kya darling, challan karne aayi hai kya? (Hi, darling, have you come to impose a fine?)".

As per the prosecution's argument, on the eve of Durga Puja, a police squad consisting of the female constable and additional staff was en route to Lall Tikrey to uphold law and order. The police were informed that there was a disturbance in the vicinity when they arrived at Webi Junction. 

The rest of the group, including the female constable, remained at the intersection while the police party apprehended the miscreant and brought him to the police station. The sexually suggestive question was posed to her by the appellant, Janak Ram, when they chose to step outside under a streetlight in front of a store because it was dark there.

In this regard, Mayabunder Police Station filed a formal complaint under Sections 354A (1) (iv) and 509 of the IPC (word, gesture, or act designed to insult the modesty of a lady).

Janak Ram was found guilty last year of violating Sections 354A(1)(iv) and 509 of the IPC. He was sentenced to three months in prison and ordered to pay a fine of Rs 500 for each of the two offenses by the Judicial Magistrate, First Class at North and Middle Andaman, Mayabunder.

The Additional Sessions Judge, North & Middle Andaman denied Janak Ram's appeal against the same in November 2023. After that, he went to the Calcutta High Court and filed the current petition.

The bench led by Justice Sengupta stated during the hearing that there was sufficient proof that Janak Ram had indeed addressed the female cop in the way that was alleged. 

 The High Court did note that Janak Ram simply used the derogatory phrase and did not further "aggravate" the offense. Consequently, it reduced the three-month jail sentence from the lower court to one month.