Chandigarh Court Holds 62-Year-Old Man Guilty of Sexual Harassment for Obscene Gestures
In a significant ruling that underscores the seriousness of non-verbal harassment, a district court in Chandigarh has convicted a 62-year-old man for sexual harassment, specifically citing acts like flying kisses and winking as violations of a woman's personal dignity. The court emphasized that such gestures constitute a clear form of sexual harassment under Indian law.
Court's Verdict on Non-Verbal Harassment
Chief Judicial Magistrate Sachin Yadav delivered the judgment on January 28, finding Ashok Kumar guilty under Sections 354A (sexual harassment) and 509 (insulting the modesty of a woman) of the Indian Penal Code. The court explicitly stated that the act of flying kisses and winking of eyes is a form of non-verbal sexual harassment and squarely falls under Section 354A of the IPC, as it violates the personal dignity of the complainant.
This ruling highlights how even gestures without physical contact can be deemed criminal when they infringe upon a woman's sense of safety and respect.
Details of the Incident and Prosecution's Case
According to the prosecution, the case was registered based on a complaint filed by a woman on August 31, 2021. She alleged that around 10:30 AM on August 28, 2021, while she was sweeping outside her house, the accused approached her and began making obscene gestures.
The complainant detailed that Kumar made lewd comments, threw a Rs 500 note towards her, and engaged in molesting behavior. When she protested, the accused fled the scene. She further stated that Kumar was intoxicated at the time and had a history of similar conduct. Initially, due to shame, she did not report the incident, but when she later approached his family, they allegedly quarreled with and abused her.
Defence Arguments and Court's Rejection
The defence denied all allegations, presenting an alternative narrative. They claimed that a quarrel erupted after the complainant swept garbage towards the accused's house. It was argued that the Rs 500 note had accidentally fallen from Kumar's pocket while he was buying ice cream for his grandson, and there was no medical evidence to prove intoxication.
However, the court rejected these submissions, noting the complainant's consistent testimony during her examination-in-chief. The court observed that even the defence's suggestions during cross-examination indicated that the accused had consumed liquor at the time of the incident, lending credibility to the prosecution's account.
Sentencing and Probation Order
While convicting the accused, the court directed that Kumar be released on probation, subject to maintaining good behavior and peace for a period of six months. The court ordered him to furnish a probation bond of Rs 20,000 and pay Rs 10,000 as compensation to the complainant.
The court further mandated that the convict shall remain under the supervision of the Probation Officer during this period and shall come to receive sentence if so called. This approach balances punitive measures with rehabilitation, aiming to prevent future offenses while acknowledging the severity of the crime.
Broader Implications for Women's Safety
This case sets a precedent in interpreting sexual harassment laws in India, particularly regarding non-verbal acts. It reinforces that gestures like flying kisses and winking are not merely inappropriate but criminal when they target a woman's dignity. The ruling serves as a reminder of the legal protections available to women and the judiciary's role in upholding their rights in public and private spaces.
By expanding the understanding of harassment beyond physical contact, the Chandigarh court's decision contributes to a safer environment for women, encouraging victims to come forward and seek justice without fear of stigma.
