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- Bombay HC Words In Emails, Social Media Posts Lowering Dignity Of Woman An Offence
Mumbai30 minutes ago
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The Bombay High Court heard the case in the year 2009.
The Bombay High Court on Thursday (August 21) heard a case of insulting the dignity of a woman. A bench of Justices AS Gadkari and Neela Gokhale said that words written in emails and on social media that can insult the dignity of a woman are a crime under Section 509 of the IPC.
Actually, the bench heard a case of 2009. The complainant in the case is a woman. She had filed a case against a person under section 509 of IPC.
The woman alleged that while living in a society in South Mumbai, the man had written objectionable and insulting emails against her. Comments were made on my character. And these emails were also sent to other people in the society.
The man had approached the High Court seeking dismissal of the case filed by the woman. He argued that the words spoken in Section 509 of the IPC would only mean spoken words and not the words written in emails or social media posts etc.
Court drops charges under Section 354 of IPC The bench said that the contents of the emails are undoubtedly derogatory and aimed at lowering the image and reputation of the complainant in the eyes of society. The court refused to quash the case.
The bench, however, dropped charges against the man under Section 354 (assault or criminal force to a woman with intent to outrage her modesty) of the IPC.
What the bench said during the hearing
- Modern technology has opened up many ways to insult. When an email with objectionable content that hurts a woman’s dignity is sent to her, can we allow the offender to walk away without fear? That too just because the insult is written and not spoken.
- The interpretation of the law should be in accordance with social changes. Legal principles should be re-evaluated to determine fairness, justice and equality.
- As society evolves, the interpretation of the law must also evolve to address emerging challenges and promote social progress.
- Law is a dynamic unit capable of reflecting and adapting to the changing needs and values of society. The word pronounced in law should not be given a ‘pedantic interpretation’.
- If such a shortsighted interpretation is accepted, men will get away with simply sending an email or using a social media platform to defame a woman without thinking about the consequences.
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