Kochi: The Kerala High Court, in a recent judgment, expressed concern over the alarming rise in cases relating to outraging a woman's modesty. Justice A Badharudeen said that though the law has been strengthened in the matter of sexual offences, the effective implementation of the same should be ensured.

“The legislature has taken steps to strengthen laws against sexual offences, with stricter deterrents for rape and sexual assault. However, offences against women continue to be a major problem in India, and efforts are still needed to ensure that laws are effectively implemented,” the Justice said.

The court added that Indian society places greater emphasis on the modesty of women, and any act that seems to insult their modesty is a matter of serious concern. The court said that the offence of outraging the modesty of a woman is not limited to physical acts of violence but also includes verbal or non–verbal conduct that is intended within the ambit of assault or criminal force.

The court said these acts take a toll on women and cause them mental and physical agony. It went on to describe that modesty is not just physical but also has moral and psychological attributes. Moral modesty is the sense of bashfulness or shame a woman feels when she is subjected to an act that outrages her modesty. Psychological modesty is her innate sense of self-respect and dignity.

The petitioners, in this case, were convicted under Section 354 (assault or criminal force to woman with the intent to outrage her modesty), Section 34 (acts done by several persons in furtherance of common intention) of IPC and were sentenced to 6 months of rigorous imprisonment. The allegations were that the petitioners sexually abused a woman by getting inside the auto in which she and her kid were travelling. 
(With inputs from LiveLaw)