IMPORTANT POINT
Menace of eve-teasing - need for special legislation.

JUDGMENT

K.S. Radhakrishnan, J.-Leave granted.

2. Eve-Teasing is a euphemism, a conduct which attracts penal action but it is seen, only in one State, a Statute has been enacted, that is State of Tamil Nadu to contain the same, the consequence of which may at times drastic. Eve-teasing led to the death of a woman in the year 1998 in the State of Tamil Nadu which led the Government bringing an ordinance, namely, the Tami Nadu Prohibition of Eve-Teasing Ordinance, 1998, which later became an Act, namely, the Tamil Nadu Prohibition of Eve-Teasing Act, 1998 [for short ‘the Eve-Teasing Act’]. The Statement of Objects and Reasons of the Eve-Teasing Act reads as follows:

“Eve-teasing in public places has been a perennial problem. Recently, incidents of eve-teasing leading to serious injuries to, and even death of a woman have come to the notice of the Government. The Government are of the view that eve-teasing is a menace to society as a whole and has to be eradicated. With this in view, the Government decided to prohibit eve-teasing in the State of Tamil Nadu.

2. Accordingly, the Tamil Nadu Prohibition of Eve-teasing Ordinance, 1998 (Tamil Nadu Ordinance No. 4 of 1998) was promulgated by the Governor and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 30th July, 1998.

3. The Bill seeks to replace the said Ordinance.”

3. We are in this case concerned with a situation where a member of the law enforcement agency, a police personnel, himself was caught in the act of eve-teasing of a married woman leading to criminal and disciplinary proceeding, ending in his dismissal from service, the legality of which is the subject matter of this appeal.

4. The respondent herein, while he was on duty at the Armed Reserve, Palayamkottai was deputed for Courtallam season Bandobust duty on 9.7.1999 and he reported for duty on that date at 8.30 PM at the Courtallam Season Police out post. At about 11.00 PM he visited the Tenkasi bus stand in a drunken state and misbehaved and eve-teased a married lady, who was waiting along with her husband, to board a bus. The respondent approached that lady with a dubious intention and threatened both husband and wife stating that he would book a case against the husband unless the lady accompanied him. Further, he had disclosed his identity as a police man. Both husband and wife got panic and complained to a police man, namely, Head Constable Adiyodi (No.1368) who was standing along with Head Constable Peter (No.1079) of Tenkasi Police Station on the opposite side of the bus-stand. They were on night duty at the bus stand. They rushed to the spot and took the respondent into custody and brought him to Tenkasi Police Station along with the husband and wife. Following that, a complaint No.625/1999 was registered on 10.7.1999 at that Police Station against the respondent under Section 509 of the Indian Penal Code and under Section 4 of the Eve-teasing Act. On 10.7.1999, at about 1.25 hrs., the respondent was taken to the Government Hospital Tenkasi for medical examination. There he was examined by Dr. N. Rajendran, who issued a Certificate of Drunkenness, which reads as follows:

“Symptoms at the time of examination: Breath smell of alcohol, Eye congested, Retina expanded, sluggish reaction to light, speech and activities normal, pulse rate 96, Blood pressure 122/85. I am of opinion that the above person: (i) consumed alcohol but is not under its influence.

Station: Tenkasi Name: N. Rajendran Date: 10.07.1999

(Sd/- dt.10.07.1999)

Civil Surgeon

I am not willing to undergo blood and urine test.

Sd/-

S. Samuthiram, PC 388”

5. The respondent was then placed under suspension from 10.7.1999 (FN) as per DO.1360/1999 in C.No.P1/34410/1999 vide order dated 18.7.1999 and departmental proceedings were initiated under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Disciplinary and Appeal) Rules, 1955 (in short ‘Tamil Nadu Service Rules’) for his highly reprehensible conduct in behaving i