Court finds flying kisses, winks violations; holds man guilty of sexual harassment

A Chandigarh district court has ruled that gestures such as flying kisses and winking amount to non-verbal sexual harassment, as they infringe upon a woman’s personal dignity. On this basis, the court convicted a 62-year-old man of sexually harassing a woman through obscene gestures in 2021.

Chief Judicial Magistrate Sachin Yadav found Ashok Kumar guilty under Sections 354A (sexual harassment) and 509 (insult to the modesty of a woman) of the Indian Penal Code, with the verdict delivered on January 28.

However, while recording the conviction, the court ordered that the accused be released on probation for six months, subject to good conduct and maintenance of peace, and placed him under the supervision of a Probation Officer, Indian Express reported.

According to the prosecution, the case arose from a complaint filed on August 31, 2021. The woman alleged that while she was sweeping outside her house on the morning of August 28, the accused approached her, made obscene gestures, threw a ₹500 note at her and molested her. She stated that he fled when she objected, and claimed he was intoxicated at the time. She also alleged that he had behaved similarly on earlier occasions and that she delayed reporting the incident due to shame. When she later contacted the accused’s family, she claimed they abused and quarrelled with her.

The defence disputed the allegations, contending that the incident stemmed from a quarrel after the complainant swept garbage towards the accused’s house. It was further argued that the ₹500 note had fallen accidentally from the accused’s pocket while he was buying ice cream for his grandson, and that there was no medical evidence to establish intoxication.

The court rejected these arguments, noting that the complainant had consistently maintained during her testimony that the accused made lewd remarks, threw money at her and used obscene gestures, including flying kisses and winking. The court also observed that suggestions put to the complainant during cross-examination themselves implied that the accused had consumed alcohol at the time.

In its findings, the court stated that gestures such as flying kisses and winking constitute non-verbal sexual harassment and fall squarely within the ambit of Section 354A of the IPC, as they violate a woman’s dignity. On sentencing, the court directed the accused to furnish a probation bond of ₹20,000 and to pay ₹10,000 as compensation to the complainant.