The Calcutta High Court on Saturday ruled that calling an unknown woman "darling" is sexual harassment and falls under criminal offences under sections 354A and 509 of the Indian Penal Code (IPC). The ruling came in the case of Janak Ram, who was convicted for using the term "darling" towards a lady constable while in intoxicated state.
While hearing the case, Justice Sengupta mentioned that Section 354A punishes the use of sexually coloured remarks.
The court bench stressed that it is offensive for a man, regardless of his sobriety, to address an unknown woman on the street, using the term "darling," which is considered a sexually coloured remark.
The court also noted that current Indian standards in society does not permit men to casually use expressions like “darling” in reference to stranger and unacquainted women.
The court further said that if the incident happened when the petitioner was in a sober state, the "gravity of the offence would have been even more".
What was the case registered on Janak Ram?
The incident took place on the eve of Durga Puja, when police were deployed to maintain law and order during the occasion. Janak Ram was reportedly creating ruckus in the Webi junction area. The police soon reached the location and took him into custody. He interacted with woman constable which included him asking her, "kya darling, challan karne aayi hai kya?" which means in English "Hi, darling, have you come to impose a fine?".
Soon after Mayabunder Police Station lodged an FIR into the matter against Janak Ram under Sections 354A (1) (iv) and 509 (word, gesture or act intended to insult the modesty of a woman) of the IPC.
Initially convicted by a Judicial Magistrate, Janak Ram faced a three-month jail term and a fine of Rs 500 for each offence. While the Calcutta High Court upheld the conviction, it opted to reduce the jail term to one month, noting that Janak Ram had not aggravated the offence beyond uttering the offensive word.
