Outraging Modesty Of A Women By Judical Officer

A suspension of the judicial official was done on allegations of wrongdoing derisively directed toward the modesty of a female employee in the courts. Such incident has caused a grievous uproar and has raised serious issues with regard to accountability and safety in workplaces and the ethical obligations of those crowned with power within the judiciary.

Why in the News?

Judge M. Suhaib has been put under suspension in relation to the cases against him for allegedly outraging modesty of a women court employee inside his official chamber in the court premises at Kozhikode.

• On Tuesday (December 24, 2024), the committee sought a report from the Principal District Judge of Kozhikode to whom the judicial officer had made an oral apology before the said woman employee. The committee proceeded to remark on the day's happenings, including the oral statements made before the Principal District Judge by the woman. 
• Quite evidently, such developments, including the oral notes of the woman, would show that an act of outraging the modesty of a women was indeed committed. Probably, the proceedings in law, entailing the registration of a crime, would have faced a hurdle owing to the reluctance of the woman to file a written complaint in this case. 
• The woman has made it clear to the police that she does not wish to proceed with the case and has also refused to give a written statement. She is said to have sustained injury due to the act of the judicial officer but did not want to continue the criminal case, leaving the High Court with not many legal options, sources maintained.

What is Outraging Modesty of a Women?

• In India, the crime of insulting the modesty of any woman is defined under Section 354 of the Indian Penal Code, 1860, (now Section 74 of the Bhartiya Nyaya Sanhita) as a very serious offence. 
• Anyone who assaults or uses criminal force to any woman intending or knowing to be likely that he will thereby outrage her modesty shall be punishable with imprisonment of either description for a duration that will be subject to a fine and must not be less than one year, but may go up to five years.

Observation by the Court

• The Administrative Committee sitting at the Kerala High Court with Chief Justice Nitin Madhukar Jamdar as its head, had announced its meeting on Wednesday (December 25, 2024) for assessing the alleged incident as it looks like the credibility of the judicial institution of the State has been dented. This last allegation pointedly spelt serious consequences for an active judicial officer and was reportedly taking place inside that officer's official chamber. 
• The officer concerned will now be issued a show-cause notice explaining why action should not be initiated against him for defaming the image of the judiciary.

The suspension of the judicial official reinforces the seriousness of the allegations that have been made, but also speaks to the necessity that an effective investigation be conducted. The incident is most unfortunate, but may give a chance to improve institutional safeguards and to redo the oath of the judiciary in the service of justice and accountability.

As this case progresses, it is paramount that the rights and dignity of the complainant be upheld throughout the process. At the same time, the judiciary must take firm and decisive moves to recover lost public confidence and make it very plain that no amount of wrongdoing will be tolerated.

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