In a landmark judgment, the Madurai Bench of the Madras High Court acquitted a young man on charges of sexual harassment, saying expressions of affection, such as hugs and kisses, between teenagers in consenting relationships cannot be construed as criminal.
The case began with a complaint filed by a 19-year-old woman who was accused by her romantic partner of hugging and kissing her when they had a private meeting. She complained to the police when he refused to marry her, thus a First Information Report (FIR) was taken against him under section 354-A(1)(i) of the Indian Penal Code. Charges made against him are that he has made physical contact or advances of a sexual nature without his consent or otherwise assented to in that context.
Justice N. Anand Venkatesh, in his order dated November 4, ruled out the incident from being a fit case that would fall under the said section of the IPC. According to the court, the interaction of physical nature described in the complaint is a natural expression of affection coming out of a consensual teenage relationship where no criminal intent was involved at all.
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“It naturally follows that two girlfriend- oyfriend teenagers are likely to hug or kiss each other. Such behaviour cannot, by any stretch, constitute an offence under Section 354-A(1)(i) of the IPC,” Justice Venkatesh ruled in his judgment.
Therefore, it called for judicial discretion to prevent legal provisions from being abused and also stated that such pursuits would unfairly stigmatize the young people involved in consensual relationships. It explained thresholds of law should not be allowed to intrude on matters of mutual affection between teenagers unless clear elements have been evidenced that constitute coercion or criminal intent. This was after the police inquiry was closed and a final report presented before the Judicial Magistrate at Srivaigundam. Quashing the FIR, the court, while emphasizing on a sensitive approach towards cases of young persons and consensual relationships, observed that the cases are tried strictly by ensuring due process.
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