“Mere Uttering Of Irksome Words Against Woman Not Insult To Modesty”: Kerala HC

Malayalam actress

The Kerala High Court has quashed a criminal case against film director Sreekumar Menon, who was accused of abusing and defaming a prominent Malayalam actress.

Justice S. Manu ruled that mere unpleasant remarks made against a woman do not constitute an insult to her modesty. This decision came in response to Menon’s plea, who is known for directing the 2018 fantasy drama film “Odiyan,” featuring Mohanlal.

The actress had claimed that Menon defamed her during the shooting, promotion, and release of “Odiyan,” where she also had a role. She alleged that he behaved indecently towards her and subjected her to mental harassment on set.

Additionally, she accused him of using abusive language in public, specifically at Dubai airport.

Following her complaints, a First Information Report (FIR) was filed against Menon in 2019 under several sections of the Indian Penal Code (IPC), including 354D (stalking), 294(b) (using obscene language in public), and 509 (word, gesture, or act intended to insult a woman’s modesty).

The case had been pending before a magistrate after police completed their investigation.

The actress contended that Menon’s abusive behavior stemmed from a grudge over her termination of an agreement related to her foundation’s activities with his company. However, the High Court rejected her claims, stating that the elements of stalking were not present.

The court noted that “following a woman to abuse or threaten will not fall within the scope of the penal provision.”

The court also determined that the offense under section 294(b) was not applicable, even if Menon’s words at the Dubai airport were deemed defamatory and hurtful. It emphasized that an offense under section 509 requires that obscene words be spoken with the intention to insult a woman’s modesty or intrude upon her privacy.

The court stated, “Mere utterances of unpleasant or abusive words without an intention… would not attract the offence under section 509 of the IPC.”

Furthermore, the High Court assessed that the allegations against Menon, including purported abuse via Facebook and phone calls, did not meet the legal threshold for the charges under section 509.

The court concluded, “When the allegations in the final report regarding the offence under Section 509 of IPC are tested… the inevitable conclusion is that the accusations are not sufficient to constitute the offence.”

Consequently, the High Court quashed the police’s final report in the case, as well as the ongoing proceedings in the magistrate’s court, bringing a significant legal resolution to the matter for Menon.