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The issue here is whether such an act, however criminal, meets the standard of Section 354 which states: "Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."The term "outrage the modesty" is, of course, wide open to interpretation, but the Supreme Court did offer some clarity in a 2007 judgement.

The Times of India reported at the time: For over a century courts have tried thousands for the offence of "outraging the modesty" of a woman without a precise definition of what constitutes a woman's 'modesty'.

"Even if you keep your hand on the shoulder of a woman, it is for the lady to comment on the nature of the touch, whether it was friendly, brotherly or fatherly," said Bombay High Court Justice Naresh Patil, ruling against Machindra Chate's appeal urging the court to squash an FIR filed under Section 354 of the Indian Penal Code.

By this standard, Chate's alleged crime does not meet the criteria of Section 354 primarily because there is no evidence that the inappropriate contact had anything to do with the sex of the victim.

As Chate's lawyer argued in court, "It was a scuffle, where was the intent to molest her?

Writing on the issue of free speech (and the poor protection it receives in our courts), Suhrith Parthasarathy writes, "But, collectively, the Supreme Court’s jurisprudence in allowing speech to thrive is so poor as to make the prospect of restraining prior governmental action or more principled decisions from the lower judiciary an abandoned dream.

The court seems to lack the philosophical bent of mind to consider certain rights as inviolable, as superior to the impulses of the majority."This inability to carefully consider the intent of the law, and assess the weight of an individual complaint afflicts our courts across the board.

This seemingly pro-women pronouncement ought to hearten those of us concerned about sexual harassment, except it does not.

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