Nagpur: A bench of the Bombay High Court ruled pushing a woman riding a bicycle doesn't constitute sexual harassment. Mohammed Ismail stalked, verbally abused, and pushed a college student in Wardha while she cycled. It was not the first time that the student was stalked by Ismail.
Wardha court convicted Ismail under Section 354 of the Indian Penal Code for sexual harassment. When his appeal was rejected by the sessions court, the accused took to the High Court.
The court noted that the girl had not reported humiliation faced for being touched inappropriately or being pushed. Being pushed while on a bicycle can't be deemed as a violation of physical integrity. This action is offensive but it can't be called harassment, stated Justice Anil Pansare before acquitting Mohammed Ismail.
The High Court cited the Raju Pandurang Mahale Vs State of Maharashtra case during its judgment. According to the Supreme Court judgment, for IPC 354 to be charged, the accused needs to use force with the intention of harassing the woman.
High Court's ObservationChasing a woman and verbally abusing her can be painful but it can't damage a woman's integrity and thus can't be deemed as harassment. - Justice Anil L PansareMumbai High Court, Nagpur Bench