Kerala High Court says merely uttering unpleasant words against a woman is not an insult to modesty

Kochi:

The Kerala High Court has dismissed a criminal case against film director Sreekumar Menon, who was accused by a leading Malayalam actress of abusing and defaming her, saying that uttering offensive words against a woman would have harmed her. Humility will not be insulted.

Justice S Manu's order came on a plea by Menon, the director of the 2018 Indian Malayalam-language fantasy drama film 'Odiyan' starring Mohanlal.

The female actor had alleged that the director was trying to defame her during the shooting, promotion and release of the film 'Odiyan', in which she also had a role.

She had also alleged that he misbehaved with her at the shooting location and harassed her mentally.

He later claimed that Menon also used abusive language against him in front of people at Dubai airport.

Based on her complaint, under IPC sections 354D (stalking), 294(B) (use of obscene words in public place) and 509 (word, gesture or act intended to insult the dignity of a woman) FIR was registered. In 2019, the case against Menon was pending in a magistrate court after the police completed their investigation.

According to the actor, Menon used abusive language and tried to defame him out of resentment over the termination of the agreement he had signed with his company to coordinate the activities of his foundation.

Rejecting her arguments, the High Court said that the offense of stalking was not created because “abusing or threatening a woman would not fall within the scope of the penal provision”.

It also held that the offense under Section 294(B) would not be attracted in this case, even though the words used by Menon against the female actor at the Dubai airport “may have been derogatory and may have caused injury to the complainant”.

The High Court further said that an offense under Section 509 will be considered only when obscene words are uttered with the intention of insulting the dignity of a woman or interfering with her privacy.

It said, “Merely uttering obnoxious or derogatory words without any intention to insult the dignity of women or interfere with the privacy of such women will not attract an offense under section 509 of the IPC.”

The HC said that in the present case, Menon allegedly abused the female actor through Facebook and phone, thereby defaming her and outraging her modesty.

“When the allegations in the final report in respect of the offense under Section 509 IPC are examined, keeping in mind the principles laid down by this Court in the above judgments, the inevitable conclusion is that the allegations are sufficient to constitute the offence. Are not…,” it said.

The High Court quashed the final police report in the case and the proceedings before the magistrate court.