LI Network
Published on: 27 August 2023 at 18:48 IST
A Delhi court has issued an order to proceed with charging Chirag Patnaik, a former member of the Congress party’s social media team, in a case involving alleged Outraging the modesty of woman.
The court emphasized that the woman’s discomfort caused by unwelcome advances cannot be dismissed as minor harm.
The Additional Session Judge Rajinder Singh gave this directive on August 23, supporting a decision from a magisterial court in April of the previous year.
This initial court ruling had determined that Patnaik should face charges under section 354 (pertaining to assault or criminal force on a woman with the intent to outrage her modesty) and 509 (regarding words, gestures, or acts intended to insult a woman’s modesty) of the Indian Penal Code.
The higher court, upon review, found no valid grounds to contest the prior order.
The judge highlighted the specific claims made in the complaint, where the accused allegedly touched his colleague’s shoulders and hands without any clear justification.
Given the broader context presented in the complaint, the court concluded that there was no basis to believe that these actions were innocuous or justifiably motivated.
The court argued that the act of touching the complainant’s shoulders and hands constituted a use of criminal force, as it led to her annoyance.
The judge emphasized that any annoyance stemming from unwelcome advances by a male cannot be trivialized as “slight harm,” which a reasonable woman would not find objectionable.
The judge further discussed that making a woman uncomfortable by inappropriately gazing at her body contours would indeed be an affront to her modesty. The complaint against Patnaik specifically detailed allegations of him engaging in such behavior.
As per the complaint, Patnaik allegedly created a hostile work environment for the complainant through repeated violations of her personal space and inappropriate conduct.
The charge sheet quoted the victim stating that between April 4, 2018, and May 23, 2018, Patnaik intruded on her personal space under the pretext of reviewing tweets. He allegedly approached her closely from behind, engaging in behavior that she described as immoral.
The court’s decision underscores the significance of addressing conduct that causes discomfort or distress to individuals, particularly women, in professional settings.
This ruling also reflects a broader societal acknowledgment of the importance of respecting personal boundaries and promoting a safe and respectful workplace environment.