'Sexual Violence Against Women Is Unlawful Intrusion Into Right To Privacy': Telangana HC Upholds Preventive Detention Of Man Accused Of Stalking, Voyeurism

Observing that sexual violence against women is an unlawful intrusion into her right to privacy, the Telangana High Court has upheld the detention order passed against a 22 year old accused of stalking women, voyeurism and allegedly inducing them to do nude video chats.

Noting that to show mercy in such heinous crimes would be a travesty of justice, a division bench comprising of Justice A Rajasheker Reddy and Justice Shameem Akther observed thus:

"Sexual violence against women, apart from being a dehumanizing act, is an unlawful intrusion into the right to privacy and sanctity of a female. It is a serious blow to her supreme honour and offends her self-esteem and dignity. It degrades and humiliates the victim and leaves behind a traumatic experience."

Furthermore, it said:

"The Courts are, therefore, expected to deal with cases of sexual abuse against women with utmost sensitivity. Such cases need to be dealt with sternly and severely. Sexual abuse not only violates the victim's privacy and personal integrity, but inevitably causes serious psychological as well as physical harm. A murderer destroys the physical body of the victim, but a sexual assaulter degrades the very soul of a helpless female."

A habeas corpus Petition was filed by the mother of the 22 year old challenging the detention order.

The Commissioner of Police had passed the detention order against the detenu for allegedly committing shameful and inhuman offences of extortion, assault or use of criminal force to women with intent to disrobe, cheating, voyeurism, stalking, criminal intimidation against college going girls and married women habitually.

The said order was passed after placing reliance on three specific cases registered against him.

Going through the facts of the case, the Court observed thus:

"Here, it is apt to state that a women or a girl, in the tradition bound society of India, would be extremely reluctant to lodge a report with the police with regard to an incident,which is likely to reflect on her chastity."

"While punitive detention could be enforced under ordinary criminal law, the law of preventive detention can be enforced against habitual offenders to prevent them from committing future similar offences, which are detrimental to the public interest, disturbing the even tempo of life and causing damage to peace and tranquility in the society."

Observing that the detaining authority was justified in passing the impugned detention order, the Court dismissed the plea.

Also Read: Telangana High Court Upholds Preventive Detention Of Man Accused Of Duping Poor Farmers

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