A Mumbai sessions court has made a significant ruling, stating that sending unsolicited messages like “you are slim, look very smart and fair, I like you” to an unknown woman at night constitutes obscenity. This decision was made while upholding the conviction of a man who sent obscene WhatsApp messages to a former corporator.
The court emphasized that obscenity should be judged based on contemporary community standards, considering the perspective of an average person. In this case, the messages were sent between 11 pm and 12:30 am, containing comments on the woman’s appearance and age, which were deemed inappropriate.
The court noted that no married woman, especially one with a reputation like a former corporator, would tolerate such messages and photos from a stranger. The accused claimed he was falsely implicated due to political rivalry, but the court rejected this argument, stating that no woman would compromise her dignity by filing a false complaint.
Ultimately, the court upheld the conviction, agreeing that the accused’s actions amounted to an insult to the modesty of a woman. The accused was initially sentenced to three months’ imprisonment by a magistrate court in 2022.
