Abusive language is not insulting woman's modesty, says Kerala High Court
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The Kerala High Court has dismissed a case against Malayalam film director Sreekumar Menon, stating that using unpleasant or abusive language alone does not qualify as an offense aimed at insulting a woman’s modesty under the Indian Penal Code.
Justice S. Manu ruled that there was insufficient evidence to suggest Menon’s actions were intended to insult or intrude on the privacy of the complainant, a prominent actress.
The case was based on the actress’s complaint, which accused Menon of improper behavior during a film shoot, career obstruction, and use of offensive language in messages via Facebook and phone, as well as an incident at Dubai airport where he allegedly addressed her abusively.
Filed in Thrissur’s magistrate court, the case included charges under IPC sections 354(D) (stalking), 294(B) (obscene acts), and 509 (insult to a woman’s modesty), as well as Section 120(O) of the Kerala Police Act.
According to the prosecution, the actress had initially hired Menon’s firm to manage her foundation’s activities. When the contract ended, Menon allegedly held a grudge against her, which reportedly led to the incidents detailed in her complaint.
The court, however, noted that the interactions did not meet the legal standards for the alleged offenses.
Justice Manu stated that while the incident in Dubai may have been unpleasant and hurtful, it did not meet the criteria for Section 294(B). Similarly, the allegations under Section 509 were deemed inadequate, as abusive words without clear intent to harm the complainant’s modesty do not constitute an offense under the law.