Asking Name, Address Of Unknown Woman Inappropriate But Prima Facie Not Sexual Harassment: Gujarat High Court
The Gujarat High Court has observed that asking an unknown woman her name, address, and mobile number may be inappropriate but does not prima facie constitute sexual harassment under Section 354A of the Indian Penal Code (IPC).
This observation was made by Justice Nirzar Desai in a case involving a man from Gandhinagar, Samir Roy, who was booked under Section 354A IPC for allegedly asking an unknown woman these questions.
Justice Desai stated, “Of course, this may be an inappropriate act, but this Court is prima facie of the view that, if Section 354 of the IPC is read, same is in respect to sexual harassment and punishment for sexual harassment. In the impugned FIR, the petitioner os booked for offence is registered under Section 354A of the IPC and, therefore, prima facie, even if the FIR is believed to be true, the act on the part of the petitioner to ask name, address etc., of an unknown lady can be said to be an inappropriate act, but the same would not amount to sexual harassment as per the prima facie observation of this court, looking to the facts narrated in the FIR.”
The FIR was lodged by the woman on April 26, accusing Roy of sexual harassment for allegedly asking her personal details. Roy claimed that the FIR was a counter blast to his complaint dated April 25 on PMO portal, alleging police atrocities. On May 9, Roy said he discovered that the Superintendent of Police had refused to entertain his complaint, citing pendency of the April 26 FIR.
The court questioned the police's action in booking Roy for sexual harassment, remarking,
“Suppose if someone says that 'what is your number', that may be offending, but that may not be a good case, its not something that may prompt you to register an FIR. Does it show any ill intention?”
The Court has now issued notice to the respondents returnable on August 9.
Case Title: Samir Roy Versus State Of Gujarat & Ors.