KOCHI: Observing that remarks like ‘Take a bath’ and should I cut your nails’ are filthy, 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 modesty of women.
Justice G Girish issued the order on a petition filed by Anas Mohammed M, of Nedumangad, a motor vehicle inspector, seeking to quash a criminal case registered against him for scolding and verbally abusing a woman, during her driving test.
The petitioner, during the course of the driving test took note of her long nails and angrily asked whether she had come for the driving test without trimming the nails. He also asked whether he should trim her nails. He further commented that she should be taken for a bath before embarking upon the driving test.
Another allegation against the petitioner was that he made the comment that certain offspring of immoral ladies would come for driving test without brushing their teeth, taking bath and trimming their nails.
The woman filed a complaint, and the police registered a case against the officer under Sections 294(b) and 509 of IPC. After charges were filed, the accused officer approached the magistrate court seeking discharge, which was denied.
The Court said that the incident took place inside a car which was in motion and 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.
The remarks made by the officer were filthy. But they did not amount to outraging the woman’s modesty or using obscene words in a public place to constitute offences under various sections of the Indian Penal Code. The court also quashed the criminal proceedings against the officer.
