Exponential rise in outraging women’s modesty cases highlights need for effective law implementation: Kerala HC [Read Order]

Kerala: The Kerala High Court has delivered a significant judgment highlighting the critical issue of sexual offences against women, emphasizing the need for the robust implementation of existing laws.

Kerala High Court’s Stance on Sexual Offences Against Women

Justice A. Badharudeen, while hearing a criminal revision petition (Crl.Rev.Pet No. 1196 of 2024), made important observations on the growing menace of sexual offences and the conceptual understanding of a woman’s modesty.

The case involved two accused, Biju Abraham and Varghese George, who were found guilty of outraging the modesty of a woman while traveling in an autorickshaw on September 18, 2011. The trial court and the appellate court had previously convicted them under Section 354 read with Section 34 of the Indian Penal Code.

Need for Effective Law Enforcement to Protect Women’s Modesty

The court noted: “The act of outraging a female’s modesty is increasing exponentially, thereby taking a toll on the lives of women, leading to mental and physical agony.”

Addressing the legal and societal dimensions of the issue, the court observed that modesty is not merely a physical concept but also encompasses moral and psychological aspects. “The modesty of a woman is sublime, and any sort of intrusion or intercession must be dealt with resolutely and soberly.”

The judgment highlighted that the concept of modesty extends beyond physical violation, encompassing “a sense of shame or bashfulness that a woman feels when faced with any act intended to outrage her modesty.”

“Indian society places great emphasis on the modesty of women, and any act that appears to insult modesty is a matter of serious concern,” the court stated. It further emphasized that the offence is not limited to physical acts of violence but also includes verbal and non-verbal conduct intended to assault or use criminal force.

While acknowledging legislative efforts to strengthen sexual offence laws, the court stressed that “sexual offences against women continue to be a major problem in India, and further efforts are needed to ensure that laws are effectively implemented.”

In this particular case, the court upheld the conviction of the two accused but modified their sentence. They were sentenced to undergo rigorous imprisonment for five months for outraging a woman’s modesty while traveling in an autorickshaw.

Case Title: Biju Abraham & Anr. vs. State of Kerala
[Read Order]