Unpleasant Words Do Not Insult Modesty: Kerala HC

Unpleasant Words Do Not Insult Modesty: Kerala HC

The Kerala High Court has dismissed a criminal case against film director Sreekumar Menon, who had been accused by a well-known Malayalam actress of verbal abuse and defamation.

The bench headed by Justice S. Manu ruled that simply uttering unpleasant words towards a woman does not equate to an insult to her modesty. 

The case stemmed from allegations made by the actress, who accused Menon, the director of the 2018 Malayalam fantasy drama *Odiyan*, of defaming her during the film's production, promotional activities, and release. She also claimed that Menon behaved inappropriately towards her and subjected her to mental harassment on set. Additionally, she alleged that he used abusive language against her in public at a Dubai airport.

Following her complaints, a First Information Report (FIR) was filed in 2019, with charges under sections 354D (stalking), 294(b) (using obscene language in public), and 509 (word or gesture intended to insult a woman’s modesty) of the Indian Penal Code. The case had been under investigation, with proceedings ongoing in a magisterial court.

The actress contended that Menon’s actions stemmed from a personal grudge after she terminated an agreement with his company related to her foundation's activities. However, the Kerala High Court disagreed, finding that the stalking charge was unfounded. The court clarified that “following a woman to abuse or threaten her” does not fall under the legal definition of stalking, as per the relevant penal provisions.

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