The Calcutta High Court has recently determined that women cannot be prosecuted under Section 354A of the Indian Penal Code (IPC) due to its specific language. The court’s decision, delivered by Justice Ajay Kumar Gupta, clarifies that the section, which addresses sexual harassment, is exclusively applicable to men.
The contested provision begins with the phrase, “[354A. Sexual harassment and punishment for sexual harassment—(1) A man committing any of the following acts—” The court held that this wording implies that the statute is gender-specific, meaning only males can be charged under this section. Consequently, the court concluded that a female cannot be prosecuted under Section 354A, rendering the charges against the petitioner invalid.
The case arose from a criminal revisional application filed under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973. The petitioners sought to quash the proceedings initiated against them, arguing that Section 354A’s applicability to female accused persons was flawed given the provision’s explicit language.
The background of the case involved a complaint lodged on September 15, 2018, accusing four individuals, including the petitioner, of torturing the complainant’s mother. The complaint alleged that Samir Pandit, one of the accused, entered the complainant’s room while she was changing and attempted to molest her. Notably, Samir Pandit is also the biological father of the petitioner.
The FIR included allegations that the petitioner, along with others, had instigated and tortured the complainant’s mother. The petitioner contested these charges, claiming they were baseless and that the inclusion of Section 354A was erroneous. She argued that there was no sufficient material linking her to the alleged offences and that the proceedings against her were an abuse of legal process.
State counsel contended that the FIR implicated the petitioner as part of a common intention to threaten and harass the complainant and her mother. They argued that the petitioner’s involvement in the case, including the demand for sexual favors, justified the application of Section 354A.
The Court, acknowledging the petitioner’s argument, accepted that a woman cannot be implicated as an accused under Section 354A of the IPC by design, and consequently quashed the proceedings against her.
gender equality should be upheld . period.
Laws and society stand most for the women but that’s okay but they also need to see the man’s suffering
Q. What is Section 354A of the Indian Penal Code (IPC)?
A. Section 354A of the Indian Penal Code (IPC) pertains to sexual harassment and its punishment. It was introduced through the Criminal Law (Amendment) Act, 2013, which aimed to address various forms of sexual violence and harassment. The section defines different acts that constitute sexual harassment and prescribes penalties for them. Here’s a brief overview:
1. Physical Contact and Advances Involving Unwelcome and Explicit Sexual Overtures:
– Punishment: Imprisonment up to three years, or with a fine, or both.
2. A Demand or Request for Sexual Favors:
– Punishment: Imprisonment up to three years, or with a fine, or both.
3. Showing Pornography Against the Will of a Woman:
– Punishment: Imprisonment up to three years, or with a fine, or both.
4. Making Sexually Colored Remarks:
– Punishment: Imprisonment up to one year, or with a fine, or both.
Section 354A aims to provide protection against sexual harassment and to penalize individuals who engage in such acts.