BENGALURU: Acts which erode the dignity of a woman or outrage her modesty cannot be protected under the parasol of a legislator’s privilege for anything done inside the House. Those privileges and immunities are not gateways for legislators to claim exemptions from the general law of the land, the Karnataka High Court observed on Friday, dismissing the petition filed by BJP MLC CT Ravi. He was challenging the crime registered by Minister for Women and Child Development Laxmi R Hebbalkar, for allegedly using an abusive word against her more than 10 times in the Karnataka Legislative Council.
The alleged derogatory word the petitioner uttered attracts both Sections 75 and 79 of the BNS, and the speaker can certainly not be immune from action, the court said. “The alleged word spoken, or gesture made against a woman, certainly outrages her modesty and above all, it can have no nexus to the functioning of the House...” Justice M Nagaprasanna said, pronouncing the order dismissing Ravi’s petition.
Ravi challenged the crime registered by Laxmi on December 19, 2024, with Bagewadi police station in Belagavi, which was later entrusted to CID for a probe. Ravi’s counsel argued that registering a complaint on what transpired between legislators in the legislature is privileged, and they would have immunity from proceedings.
The State Public Prosecutor contended that all criminal acts that happen inside the legislature do not accord immunity or privilege to legislators. If any crime is committed inside the legislature, it would have to be investigated, he argued. The petitioner’s counsel contended that if the crime is allowed, it would open a Pandora’s box so that every legislator approaches courts, alleging that a fellow legislator has defamed or insulted him.
Rejecting it, the court said it concerns the dignity or modesty of a woman, and allegedly abusing a woman, a fellow legislator, on the floor of the House, not only prima facie outrages her modesty, but sullies the sanctity of the House.
The court said “in the grand tapestry or labyrinth of democracy, the privilege of legislative speech is a vital thread. Therefore, it must be woven with the fibres of responsibility and ethical conduct. The legislature is an exalted forum for deliberation, not for personal vilification. This court cannot permit invocation of privilege to stymie the imperatives of justice... Legislature is not a sanctuary for defamation or gendered invective, rather an institution where robust debate must be tempered with decorum and respect. This court finds neither in the alleged acts of the petitioner...”