In a significant judgment, the Kerala High Court has dismissed a criminal case against film director Sreekumar Menon, ruling that unpleasant or abusive words alone do not constitute an insult to a woman’s modesty. The decision, delivered by Justice S Manu, responded to allegations made by a prominent Malayalam actress against Menon, centered around events during the production and promotion of the 2018 fantasy drama ‘Odiyan’.
The actress had accused Menon of using defamatory language and behaving indecently toward her, causing mental distress at various shooting locations, and additionally, abusing her in public at the Dubai airport. Her legal complaint led to an FIR filed against Menon in 2019 under sections 354D (stalking), 294(b) (using obscene words in public), and 509 (acts intended to insult the modesty of a woman) of the Indian Penal Code (IPC).
Justice Manu’s ruling clarified that the specific charge of stalking under section 354D did not apply, as merely following someone to utter threats or abuse does not align with the legal definition of stalking. Furthermore, the court determined that section 294(b) was not applicable, noting that while the remarks made might have been defamatory or hurtful, they did not meet the criteria for this charge.
Most crucially, the High Court addressed the application of section 509, which pertains to acts meant to insult a woman’s modesty. The judge stated that for words to be considered a violation of this section, they must be delivered with the intention to insult the modesty or intrude upon the privacy of the woman involved. “Mere utterances of unpleasant or abusive words without an intention either to insult the modesty of the woman or to intrude upon her privacy would not attract the offence under section 509 of the IPC,” the judgment read.
As a result, the High Court quashed the final report of the police and the ongoing proceedings before the magisterial court, effectively clearing Menon of the charges based on the lack of sufficient evidence to support the accusations within the defined scope of the relevant penal provisions.
