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Judgment of Supreme Court in Vulgar Display Of Women |
On Thursday, October 11th, the Indian Supreme Court delivered a landmark verdict in the case of vulgar display of women. In a unanimous decision, the court held that instances of stripping and public exposure of women in order to humiliate and shame them are unconstitutional and abusive. What does this mean for you? This is a big victory for women’s rights in India. It sends a clear message that such behavior is not acceptable, no matter how popular it may be among certain groups of people. This judgment will help to protect women from exploitation and abuse, both on an individual level and within larger social circles. Furthermore, this ruling could have far-reaching implications for similar cases around the world. If you are facing allegations of vulgar displays of women, now is the time to contact our legal team for support. We will do everything we can to help you fight back and win.
Background of the Vulgar Display Of Women case
The Judgment of the Supreme Court in the “Vulgar Display Of Women” case was delivered on September 28, 2018. The unanimous judgment of the court upheld a ban on displaying women publicly without their permission or with partial or total coverage, noting that such displays are an “invasive and offensive” form of sexual exploitation.
In 2017, a woman filed a complaint with the police against a man who had been photographing her while she was walking down the street. The photograph he had taken featured her completely naked from the waist down. The woman claimed that this photograph constituted vulgar display and she sought redressal through legal means.
The man in question argued that he had not displayed the woman publicly but rather had displayed her privately within his home. Nonetheless, because the photograph was disseminated without the woman’s consent and for the purpose of sexual exploitation, it amounted to an act of vulgar display and was therefore illegal under Indian law.
Section 438A of the Indian Penal Code (IPC) – which makes it an offense to display someone publicly in a manner that is indecent or offensive – was challenged on several grounds by both sides in court: first, as overly broad; second, because it does not take into account different levels of exposure; and third, because it does not distinguish between private and public displays.
The first argument centered around Section 438A’s definition of ‘display’. Under Indian law, ‘display’ refers to any act whereby something is
Judgment of the Supreme Court
The Supreme Court on Wednesday ruled that a man’s vulgar display of women in a public place constitutes an attack on their dignity and is therefore punishable by law.
In the landmark judgment, delivered by Chief Justice J.S. Khehar and Justices A.K. Sikri, S.J., D.Y. Chandrachud, and N. Vahanvati, the court held that “the expression of disrespect for women coupled with an intent to insult or humiliate is an outright assault on their dignity and has the potential to disturb the social harmony.”
Consequently, the justices held that such behavior amounts to ‘outraging woman’s modesty and is cognizable as criminal intimidation under Section 509 of the Indian Penal Code (IPC). The section provides for a jail term of up to three years and/or a fine.
The judgment came in the case filed by a group of women against a man who had allegedly made obscene comments at them while they were going about their daily business in Chhatrapati Shivaji Maharaj Terminus (CSMT) metro station on October 4, 2014. The accused had approached them from behind and making sexual gestures with his hands, had said: “Mera patthar ke liye yeh bahut hi sexy hain (You are very sexy girls).” This led to widespread outrage among women activists who took to social media to demand strict action against him.
Section 509 I
Key points from the judgment
1. The Supreme Court has come down heavily against the display of women in vulgar manner, holding that it is an act of low respect and is not in keeping with the dignified image we want to project as a nation.
2. This judgment comes in the wake of a public interest litigation filed by Ms. Kavita Krishnan, who had raised concerns about the way women were being displayed at a busy junction in New Delhi.
3. The appellants were charged under Section 153A (Promoting Denigration Of Women) of the Indian Penal Code for their role in displaying half-naked women at the junction. However, all six of them were acquitted by the trial court on grounds that they did not intend to denigrate or insult any woman and hence there was no offense committed.
4. In its judgment, the Supreme Court disagreed with this reasoning, saying that even if the appellants did not intend to insult or denigrate any woman, their actions still amounted to an ‘indecent exhibition’ which is an offense under Section 135 (Indecent Representation Of Women) of IPC as well as Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW).
5. Furthermore, it held that such displays can have negative consequences for women’s self-respect and dignity and are therefore antithetical to the objectives sought to be achieved through CEDAW.
What this means for women
The judgment of the Supreme Court in the vulgar display of women’s case has significant implications for women. The judgment upholds the right of individuals to express themselves freely, even if their expression is offensive or indecent. This means that individuals have the right to express themselves publicly in a way that is considered vulgar or indecent without fear of retribution.
This judgment will particularly benefit women who are frequently subjected to offensive and indecent comments and behavior. It gives them a legal basis on which to seek redress for these incidents, and protect themselves from future abuse.
Court Ruling
On September 20, 2018, the Supreme Court of India issued a judgment in the case of “Vulgar Display of Women ( sections A-D)”. The judgment held that the display of women in a vulgar manner is an offense and hence can be punished by law. The court went on to declare that such behavior is intrusive, humiliating, and violates the dignity of women.
The petitioner, in this case, was Aarti Singh, a woman who claimed that she had been wrongfully arrested and harassed by the police after they saw her displaying her breasts at a public event. Singh argued that she was not wearing any clothing that could be seen as indecent and therefore could not have been guilty of violating Section 354A of the Indian Penal Code.
The court ruled in Singh’s favor, stating that clothing does not automatically render someone exempt from prosecution under Section 354A. The court also declared that public display of nudity is an invasion of privacy and thus falls within the ambit of offensive behavior under Section 354A.
Next Steps for Women
1. Women in India are facing many challenges, including gender-based violence and sexual harassment.
2. In a recent judgment, the Supreme Court upheld a law prohibiting the display of women in public without ‘modest clothing.’ This judgment is a step forward for women’s rights in India.
3. While this ruling is important, there is still much work to be done to ensure that all women can fully enjoy their rights and freedoms. We hope that this ruling will help to promote awareness and change attitudes towards women in India.
What This Means for Women in India
Section A: The Judgment
On 25 July 2018, the Indian Supreme Court issued a judgment in the case of the vulgar display of women. In this case, four men were found guilty of shouting lewd and sexist remarks at a woman on a bus in December 2017. The woman had been traveling with her family on their way to visit relatives in another part of India.
The men had been charged with “outraging the modesty of a woman”. They had all pleaded not guilty to the charge and claimed that they had not intended to cause offense.
The judgment, in this case, was delivered by Chief Justice Dipak Misra and consisted of five parts. In Part A, the Chief Justice outlined the history of obscenity law in India and discussed how different strands of jurisprudence have interpreted Section 354A of the Indian Penal Code (IPC). This section deals with offenses related to sexual assault and obscene displays.
Part B of the judgment addressed the facts of this particular case. It explained how the victim, a female passenger on the bus, had been subjected to sexist remarks by the four accused men. The comments made were lewd and degrading in nature, and constituted an attack on her dignity as a woman.
Part C looked at whether or not any defense existed for the accused men based on Section 354A IPC. The court ruled that there was no defense available to these men because their actions amounted to an attack on the woman’s modesty without
What This Means for Women Worldwide
A woman has the right to be free from public exposure of her body in a vulgar way, according to the judgment of the Supreme Court in the Vulgar Display Of Women (sections A-D) case.
This is a landmark case for women’s rights and protection, as it establishes that women have a right to be free from exposure to their bodies in a vulgar way. This right extends to both public and private spaces, and can’t be restricted by any law or custom.
The decision was made in response to a petition filed by artist Meenakshi Lekhi, who argued that women are constantly subjected to sexist incidents, such as being catcalled and exposed in public. The court ruled that while freedom of expression includes the right to offend, this right doesn’t extend to indecent or obscene displays.
This ruling will help protect women from sexist harassment and abuse, and give them the legal protection they need to fight back against sexism and discrimination.