Calling A Woman ‘Gandi Aurat’ Won’t Amount To Insulting Modesty Under Section 509 IPC: Delhi HC

Delhi: The Delhi High Court on Monday (August 28) observed that calling a woman 'gandi aurat' or being rude to her does not amount to the crime of insulting the modesty of the woman. The Delhi High Court said that the offence would not be considered as insult to modesty of women under Section 509 of the Indian Penal Code (IPC). Section 509 of the IPC describes that two conditions are pivotal for establishing the offence, this includes the intention to insult the modesty of the woman and the matter in which the insult is perpetrated.

The Delhi High Court was listening to the matter after a case was registered by a woman against her senior employee. The woman alleged that she was working with HDFC Life Insurance, under the course of her employment her senior employee used to demand money from her and on few occasions, she gave the money to him. The accused one day asked the woman to pay Rs 1,000 to him to which the woman said that she would pay to him some other time.

Accused used 'gandi Bhasha'

The accused then asked her to show her purse and on refusing to do so the accused used Gandi Bhasha (Foul language) against her. And the accused also referred the woman as 'Gandi Aurat'. The woman then dialled 100 and calle the police. A case was registered in connection of the incident.

Words are offensive and impolite

However, Delhi High Court said that the words 'Gandhi Aurat' which was used against the complainant were offensive and also the words are impolite but this does not amount to the level of criminal intent and that these words would not provoke and even shock the woman.

Being rude does not amount to insulting modesty of the woman

The court said that the woman's reaction is not the determining factor in the case. Hence, it cannot be framed under the definition of a criminal offence under Section 509 of the IPC. The Delhi High Court also stated that being rude to a woman does not amount to insulting the modesty of the woman.