Verbal abuse about personal hygiene without sexual undertones not an insult to modesty of women, says HC

The Kerala High Court has observed that verbal abuse about personal hygiene and character without sexual undertones or intent to shock a woman’s sense of decency does not constitute an insult to the modesty of women.

A Bench of Justice G. Girish went on to quash the criminal proceedings against Anas Mohammed M., a motor vehicle Inspector, for allegedly scolding and verbally abusing a woman who turned up for driving test with long nails.

The order was issued on a petition filed by the MVI seeking to quash the criminal case registered against him on the woman’s complaint.

During the course of the driving test, the petitioner reportedly took note of her long nails and angrily asked whether she had come for the driving test without trimming her nails. He also reportedly asked whether he should trim her nails and commented that she should be taken for a bath before taking the driving test.

Observing that remarks like ‘take a bath’ and ‘should I cut your nails’ are filthy, the court observed that the incident took place inside a car which was in motion. It cannot be said that the private space inside the car where the accused allegedly uttered the ‘abusive words,’ would come within the term of public place.

Thus, they did not amount to outraging the woman’s modesty or using obscene words in a public place to constitute offences under the Indian Penal Code, it said.