Vakil Help Desk News: the Bombay High Court has held that allegations of outraging a woman's modesty can be sustained even where the victim is a transgender woman.
Vakil Help Desk News, Litigation & Courts. The Bombay High Court has held that a charge of outraging modesty can be sustained even where the victim is a transgender woman, declining to quash the allegation on the ground of the victim's gender identity.
The principle, in plain words
The offence of outraging a woman's modesty (now under Section 75 of the Bharatiya Nyaya Sanhita) protects a person's dignity. The Court's approach recognises a transgender woman within that protection, so an accused cannot escape the charge simply by pointing to the victim's gender identity. Whether the offence is ultimately made out is a matter for trial on the evidence.
What this means for you
The protection against outraging modesty can extend to a transgender woman as a victim; gender identity is not, by itself, a ground to throw out the charge. We advise on criminal complaints, quashing petitions and the rights of victims and the accused.