Insulting woman, being rude to her wouldn’t amount to outraging modesty: HC

The high court also said gender-specific laws are not meant to be “anti-opposite gender”.

Insulting a woman or being rude to her and not behaving in a chivalrous manner will not amount to outraging the modesty of a woman, the Delhi High Court has held while setting aside an order putting a man on trial for calling a woman ‘gandi aurat’.

The high court also said gender-specific laws are not meant to be "anti-opposite gender" but to serve the purpose of addressing unique issues faced by a particular gender.

It said the fact that a piece of legislation is gender-specific should not be misconstrued to mean that the role of a judge also changes from being neutral to tilting towards a particular gender, and irrespective of the gender-specific nature of a law, the judicial duty fundamentally requires unwavering neutrality and impartiality.

“Gender-specific legislation exists to address the unique concerns and challenges faced by particular genders within society. However, this does not imply that the judge is to be influenced or swayed by gender-related factors when administering justice unless specific presumptions are legislated in favour of a particular gender in law.”

“In essence, judicial neutrality is an indispensable cornerstone of the legal system, ensuring that all parties, regardless of gender, are treated fairly and equitably,” Justice Swarana Kanta Sharma said.

The high court made the observations while setting aside a trial court’s order framing a charge under section 509 (word, gesture or act intended to insult the modesty of a woman) of the IPC, saying a prima facie case was made out against the man.

The prosecution’s case was that the complainant woman and the accused were working in the same organisation and the man was her senior.