Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 24 July 2021
As per the section, whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, shall be liable for punishment.
BHAVYA SOM GARG 24 July 2021
Greetings. Your query though unusual, is actually important with respect to a different dimension of some criminal acts we are witnessing nowadays. I wish to tell you that while penal laws are generally gender neutral, in the cases of s*xual harassment, provisions have been made gender specific, with the females being considered as victims and males as perpetrators, for various reasons, the discussion on which is not relevant to the current query. So while there are penal provisions to protect women from s*xual harassment, there are no penal provisions, as of now, to protect men from s*xual harassment.
In case of obscenity in public places, commonly referred to as ‘flasshing’, where a person does an obscene act to the annoyance of the victim, recourse can be taken to Section 294 of IPC, 1860, which deals with obscene acts in public place and lays down a punishment of maximum three months imprisonment or a fine or both for any person who does an obscene (s*xually explicit/immoral) act in a public place to the annoyance of others. This provision is gender neutral and applies to both men and women alike, and therefore, as per the situation laid out by you, this provision may be employed in the case of a female flasshing in public to the annoyance of a man. But it must be noted that for this provision to apply, the obscene act must have been undertaken in a public place. Any act of obscenity in a private place would not come under the purview of this section.
Having said that, I must say that the situation laid out by you is highly unlikely to take place in a conservative society like ours. But if at all such an act takes place, this provision can be resorted to. But with cases being reported of men being victims of rape, s*xual harassment, etc. we can be hopeful that laws protecting men from such practices may be framed soon.
Hope it satisfies your query.
yusuf painter 24 July 2021