The Karnataka High Court recently ordered a man to stand trial for allegedly writing offensive graffiti about a female colleague on a bathroom wall.
The high court noted that in today’s digital age, a woman’s modesty can be violated through the spread of derogatory statements, pictures, or videos on social media, even without physical harm. The court refused to dismiss a police case against a man accused of writing offensive graffiti about a co-worker in a bathroom.
A 38-year-old employee of the state health department in the Chitradurga region filed a petition in the high court to dismiss a criminal case against him. The case was filed after he wrote a woman colleague’s phone number and labeled her as a “call girl” on the wall of a public urinal near the Bengaluru city bus station.
On March 19, 2020, a female health assistant at a primary health center in Chitradurga filed a police complaint. She received calls at unusual times from different numbers, with callers informing her that her mobile number was posted on the walls of a men’s restroom at a bus station, labeled as “call girl.”
The woman claimed that some of her colleagues were responsible for attempting to defame her.
On March 9, 2022, a Bengaluru local court halted the case against the graffiti writer. Subsequently, the accused sought to dismiss the case against him in the high court, arguing that the FIR was filed without the required magistrate’s permission, which is mandatory for non-cognizable offenses.
What did the Karnataka High Court Say In It’s Order?
The High Court, in its order, strongly instructed the graffiti writer to undergo prosecution and present himself for a full trial to clarify his actions.
Justice M Nagaprasanna emphasized in his recent order that sexual violence against a woman is not only dehumanizing but also a violation of her right to privacy. He stressed that such cases must be handled with severity due to the traumatic impact on the victim.
The High Court added that while causing physical harm to a woman is a separate matter with its own offenses and punishments, intruding into her privacy and personal integrity can cause serious psychological harm. This harm can sometimes be more painful for a woman than physical harm, as it affects her deeply.
“The petitioner engaged in one of the aspects of such insults by… writing on the wall. Therefore, he cannot avoid responsibility for making derogatory comments about a woman in public,” the High Court stated while dismissing the plea of the graffiti writer.
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