"F**k Off" is sexual harassment: Delhi Court

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Synopsis

The Delhi Court has recently held that the "f**k off" word is 'sexually coloured', and the said word is abusive, offensive and humiliating

A Delhi court has held that the word "f**k off" is sexually colored and can result in legal action for insulting someone's modesty. The court described it as "vulgar" and "offensive American language," noting that it is not used in Indian culture, schools, or institutions to ask people to leave.

Additional Session Judge Sanjay Sharma upheld the charges framed by the Mahila Court under Section 354A/509 (outraging women's modesty) and 506 (criminal intimidation) IPC against a man for allegedly outraging a women's modesty by using the word "f**k off" against her and calling her "bazaru aurat".

The order has been passed in a plea filed by the accused against the order of the Mahila Court framing charges against him. The accused had stated that "f**k off" word is not a 'sexually coloured remark' and he merely asked the women to leave the premises by stating the said word.

He contended that meaning of the said word is defined in Cambridge Dictionary (UK) as '…..To leave or go away, used specially as a rude way of telling someone to go away.....”. He contended that the said word is not a 'sexually coloured remark'.

However, the Tis Hazari Court noted that the said word is a offensive word. In Indian society, schools or colleges, this word is not used to ask anyone to leave or go away. Moreover, given the facts and circumstances of the incident, it cannot be said that the accused was merely intending to ask the women to leave or go away.

The said word is a 'sexually coloured remark', the bench opined.

Additionally, the bench noted that the women has specifically stated that the accused asked her to shut up and sit in a corner. She has specifically stated that the petitioner alongwith other persons threatened her and her family and also threatened to throw them out of the house, which is sufficient ground for proceeding against the accused under Section 354A/509 and 506 IPC.

Case Title: Tausif-ul Hassan Vs. The State (Govt. of NCT of Delhi)