The recent decision by the Calcutta High Court highlights the seriousness of addressing unknown women with inappropriate terms such as “darling.” This ruling stems from a case involving Janak Ram, who, under the influence of alcohol, referred to a woman constable in this objectionable manner. The court, led by Justice Jay Sengupta, deemed such language offensive and potentially criminal under Sections 354A and 509 of the Indian Penal Code.
Justice Sengupta underscored that using such language towards any unfamiliar woman, regardless of her profession, is inherently disrespectful and carries a sexual connotation. The judgment emphasized the evolving societal norms that discourage men from casually using such expressions towards unsuspecting women.
The court pointed out that had the incident occurred when Janak Ram was sober, the gravity of the offense might have been even greater. Janak Ram’s inappropriate question to the woman constable added to the severity of the case, as he insinuated a sexual nature by asking if she had come to impose a fine.
The incident unfolded during Durga Puja when a police team, including the woman constable, responded to a disturbance report near Lall Tikrey. Janak Ram’s offensive remark occurred during the detainment of a miscreant, as the group gathered under a streetlight.
Initially convicted by the Judicial Magistrate, First Class, Janak Ram’s appeal was rejected by the Additional Sessions Judge. However, the Calcutta High Court acknowledged the evidence supporting the offensive remark but noted that Janak Ram did not escalate the offense beyond the use of the inappropriate word. Consequently, the court reduced his original three-month jail term to one month imprisonment.
This ruling serves as a reminder that societal standards demand respectful and appropriate language, especially when addressing women, and reinforces the legal consequences for those who fail to adhere to these expectations.
