Harassment in “Public Place” is a requirement for Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998

The State Legislation of Tamil Nadu Prohibition of Harassment of Woman Act was legislated in the year 1998 by the Tamil Nadu State Legislature to check on raising incidents of the woman harassment.

The term “Harassment” is defined under clause(a) of Section 2 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998 as under:

“the term “harassment” means any indecent conduct or act by a man which causes or is likely to cause intimidation, fear, shame or embarrassment, including abusing or causing hurt or nuisance or assault or use of force;”

Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998 reads as follows:

“4. Penalty for [harassment of woman].- Whoever commits participates in or abets [harassment of woman] in or within the precincts of any educational institution, temple or other place of worship, bus stop, road, railway station, cinema theatre, park, beach, place of festival, public service vehicle or vessel or any other place shall be punished with imprisonment for a term which may extend to [three years and] with fine which shall not be less than ten thousand rupees.”

The question that arise is whether the act is applicable to any place or is applicable only to the places that have been mentioned in the provision.

There is no guiding Supreme Court decision on the point. However, it would be beneficial to refer to the Decision of this Hon’ble Court in Anbazhagan v. State, 2011 SCC OnLine Mad 1158 : (2012) 1 MWN (Cri) 154 at page 156

7. To attract offence under Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998 offence must have taken place at a place particularly covered by the Section. A private dwelling house is not one of such places. Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998 reads as follows:

“4. Penalty for (Harassment of Woman).— whoever commits or participates in or abets (harassment of woman) in or within the precincts of any educational institution, temple or other place of worship, bus stop, road, railway station, cinema theatre, park, beach, place of festival, public service vehicle or vessel or any other place shall be punished with imprisonment for a term which may extend to three years and with fine which shall not be less than thousand rupees”.

Further, the High Court of Judicature at Madras, by its order dated 25.10.2010 in Crl.O.P. No. 13501 of 2010 in GoureshMehra v. The State, has held as follows:

“This Court is of the considered opinion that the words ‘any other place’ found in Section 4 are to be read ‘ejusdem generis’. The Tamil Nadu Prohibition of Harassment of Women Act, 1998 when originally enacted consisted of 10 Sections and came into force on 30.7.1998. The offences under Section 4-A Harassment death, Section 4-B been included under subsequent amendments of the year 2002. Confining ourselves to the offence contemplated under Section 4 and looking into the Objects and Reasons of the enactment not towards informing ourselves of the amplitude of the Act but towards understanding the idea behind it, we find that the enactment was intended as a measure to eradicate eve teasing in public places. The Act informs what would constitute harassment in general terms in Section 3 and while prescribing a penalty for harassment under Section 4 restricts the same to harassment committed at particular places. Proceeding further, we find that under Sections 5 & 6, responsibilities are cast upon persons in charge of educational institutions, temple or other places of worship, cinema theatre or any other precinct and upon me crew or a public service vehicle or vessel. This Court considers it reasonable to hold that Section 4 of the Act was meant to deal with offences occurring in the places informed or in places of like nature. If not so read, the mention of the particular places in Section 4 would be rendered redundant and such could not have been the legislative intent. To put it differently, if the intent was to attract punishment for harassment at any and every place, Section 4 simply could have read as follows:

‘4. Penalty for harassment of woman.— Whoever commits or participates in or abete harassment of woman in any place shall be punished………

For the above reasoning, it is clear that to attract Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998 offence must have taken place at a place particularly covered by the Section. If the incident has taken place in any other place, other than the place specified in Section 4, it must satisfy the requirement of being a public place as per the principle of ‘ejusdem generis’. It is further clear that in no circumstance a private place such as a dwelling house can be included even in liberal interpretation of the provision.


Comments

One response to “Harassment in “Public Place” is a requirement for Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998”

  1. T. Panneerselvam avatar
    T. Panneerselvam

    Whether a woman can be charged under section 4

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