Calling Unknown Woman ‘Darling’ Criminal And Offensive: Calcutta High Court
The Calcutta High Court has deemed addressing an unknown woman as “darling” to be offensive and potentially criminal. The ruling came during a case where a man, Janak Ram, was convicted for using the term towards a female police constable while inebriated.
The single-judge bench, led by Justice Jay Sengupta at the High Court”s Port Blair bench, upheld the conviction of Janak Ram, citing Sections 354A (outraging modesty of a woman) and 509 of the Indian Penal Code (IPC). According to the bench, Section 354A penalises the use of sexually coloured remarks, and addressing an unknown woman as “darling” falls under this category.
The court noted that regardless of whether the individual is in a drunken or sober state, using such language towards an unsuspecting woman is patently offensive. Justice Sengupta emphasised, “At least as of now, the prevailing standards in our society are not such that a man on the street can gleefully be permitted to use such expression in respect of unsuspecting, unacquainted women,” as quoted in a Live Law report.
Janak Ram, while inebriated, addressed a female police constable with the term “darling”, asking, “Kya darling challan karne aai hai kya?” (Darling, have you come to impose a fine?) The court also added that the “gravity of the offence would be even more” had the accused been in a sober state.
The incident occurred when the woman constable and other personnel arrived at Webi Junction to maintain law and order on Durga Puja eve and received information that a person was creating trouble in the area. After detaining the accused, he was taken to the police station. Reportedly, when they decided to go under a streetlight, in front of a shop as the place was dark, Janak Ram asked her the sexually coloured question. The constable filed a complaint, leading to Janak Ram”s conviction under Sections 354A(1)(iv) and 509 of the IPC.
The Judicial Magistrate, First Class at North and Middle Andaman, Mayabunder, convicted the accused last year with a fine of Rs 500 for each of the two offences. In November 2023, the Additional Sessions Judge, North and Middle Andaman, rejected Janak Ram’s appeal, following which he filed the petition before the Calcutta High Court.
During the appeal process, the High Court recognised that while Janak Ram”s actions were offensive, he did not escalate the situation beyond that. Consequently, the initial three-month jail term imposed by the lower court was reduced to one month.
