Calling Woman 'R***i' Attacks Her Character By Questioning Sexual Dignity, Amounts To Insulting Modesty: Delhi High Court

The Delhi High Court has ruled that calling a woman “r***i” attacks her character by questioning her sexual dignity and will amount to the offence of outraging her modesty. Justice Swarana Kanta Sharma said that the word in question, when directed towards a woman, is laden with sexual innuendo and directly imputes unchastity to her. The Court said that the word is not a "casual term of abuse" but one which portrays a woman as of "loose moral character", and when used is bound to humiliate a woman and lower her in the estimation of others by attacking her very status as a woman. “The essence of Section 509 of IPC lies in the intent to insult the modesty of a woman, and modesty has been judicially understood as referring to the dignity associated with her sex. The allegation that respondent no. 2 had called the petitioner ―”r***i* would prima facie fall within the ambit of the offence under Section 509 of IPC,” the Court said. Justice Sharma was dealing with a plea filed by a woman challenging a trial court order discharging three men under Section 509 (outraging modesty of a woman) of the Indian Penal Code, 1860. The complainant, vice principal of a school, had alleged that after finding out that her attendance record had been mutilated with red ink, had gone to the Principal, wherein one of the men used abusive language and passed obscene remarks, whereas the other two men made shameful gestures, abused her in indecent language and tried to overpower her. She had further alleged that despite her repeated complaints to the Manager of the school, no action was taken against the Principal, who was being given protection.The impugned order discharging the three men was premised on the ground that their names had not been mentioned by the complainant in her first two complaints. On this, the Court said that the record revealed that the three men were specifically named by the complainant in her subsequent complaint which was made the very next day of the incident, wherein she alleged their presence in the office of the Principal and their participation in abusing and harassing her, though not specifying the nature of abuse. The Court noted that regarding the two men, it was alleged that they hurled abuse against the complainant by calling her “saali”; remarking that she was “talking rubbish” and threatening that she will not be promoted and would be thrown out of the school. While discharging them in the case, Justice Sharma said that the allegations, even if taken at their face value, would prima facie not attract the ingredients of Section 509 of IPC.“The threats of withholding promotion or throwing the petitioner out of employment also, though coercive and intimidating, are not linked with any sexual dignity of the petitioner and thus cannot be said to fall within the ambit of offence under Section 509 of IPC,” it said.However, the Court found the third man liable to be tried for the offence of Section 509, noting that he had called her “r***i” and hurled abuses at her. It added that the word cannot be regarded as a mere abuse or a casual insult.“Accordingly, taking a prima facie view of the material on record, this Court is of the considered opinion that a charge under Section 509 of IPC can indeed be framed against respondent no. 2. Whether in the given facts and circumstances, such expression actually resulted in outraging the modesty of the petitioner, is however a matter of trial,” the Court said.Title: SHASHI BALA v. STATE GOVT. OF NCT OF DELHI & ORSCitation: 2025 LiveLaw (Del) 1145Click here to read order

Calling Woman 'R***i' Attacks Her Character By Questioning Sexual Dignity, Amounts To Insulting Modesty: Delhi High Court

Nupur Thapliyal

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