THIRUVANANTHAPURAM: Excise commissioner Rishiraj Singh has triggered a debate with his comment that a case can be filed against a man who stares at a woman for more than 14 seconds. Sports Minister E. P. Jayarajan found the statement in bad taste and said he was trying to quote a law that was not even in place. The crux of the problem is: Do women have a legal remedy against those who assail their modesty through ogling. Singh was addressing a group of CA students in Kochi on Sunday about women safety when he made the statement. When the Nirbhya case happened, there was much hue and cry over strengthening section 354 of Indian Penal Code.
After the late Justice J. S. Verma was asked by the then UPA government to look into the possible amendments in the criminal laws related to sexual violence against women, he came up with four amendments. Out of it, IPC 354 B (assault or use of criminal force on woman with intent to disrobe) and IPC 354 C (voyeurism) call for special attention. The punishment for offences under IPC 354 B is imprisonment for not less than three years which may extend to seven years and with fine.
The nature of offences is cognizable and non-bailable. In the case of IPC 354 C, the offender would be jailed for not less than one year, which may extend to 3 years, and with fine for conviction. Imprisonment can be awarded for not less than 3 years, which may extend to 7 years, and with fine for second and subsequent conviction. Nowhere in the amendment there is reference to ‘14 seconds’. Rishiraj Singh told DC that many had appreciated his words. “See, when I said ‘14 seconds’ it was said in a colloquial way. It can be even for a second or four seconds or more because one look at you and you know whether the person’s staring is vulgar or not,” he said.
However, not many know that section 354 of IPC has been amended. Former Women’s Commission chairperson Justice D. Sreedevi said Rishiraj Singh’s statement was absurd. She told DC that a man might look at a woman out of familiarity and vice versa. “But that doesn’t mean that he had looked at her with sexual intention. Of course, if the staring happens with sexual intention, he is liable to be punished. As of now there is no such law that a man can be locked behind bars if he stares at a woman for more than 14 seconds,” said Justice Sreedevi.
Poet and women’s activist Sugathakumari opined that there were more dangerous crimes happening in the society which includes rape. She felt that if a woman files a case against the offender for staring for over 14 seconds, there was no guarantee that she will get justice even after 20 years. “Suryanelli and Vithura rape cases are still going on in various courts even after two decades. Instead of delaying the justice, the authorities should ensure that the perpetrators get instant punishment and not for whether a man started at you for ‘14 seconds’ or more,” said Sugatha Kumari.
Being stared at by random people could be quite intimidating or disturbing for women. But when a woman wears a nice dress and looks chic, she would be looking for a feel-good factor. There would be some women who would enjoy harmless glances, but definitely not staring. Anjana Gopinath who works in Technopark as a senior corporate relations official with an MNC feels that it is from annoying glances serious issues like stalking or rape occurs.
“There have been several instances around Technopark where women have been groped by strangers. Instead of coming out with ‘silly’ laws on staring, the authorities should ensure that such hooligans are put behind bars”, said Ms. Gopinath. Akhil G. Kakkur, sales manager with Hilton Garden Inn in Thiruvananthapuram, says Rishiraj Singh had made an unbelievably mindless statement. He says Malayali women are bold enough to handle the oglers and wouldn’t mind giving them a tight slap as times have changed. “I feel it is just a publicity stunt by Rishiraj Singh,” said Mr. Kakkur who is also a famous DJ.
Rishiraj Singh’s statement has received lots of criticisms. Mridula Tarun, a software professional in Technopark says the police official’s statement has pros and cons. “In certain cases where a woman knows when a man is staring at you or not with sexual intention, it should be dealt with seriously. But the chances of the law being misused cannot be ruled out,” said Ms. Tarun. On a lighter note, she recalled that at her office meeting on Tuesday, her male colleagues were scared of looking at their female counterparts and one of them quipped that it was better to ping at her online to discuss official matters. Rishiraj Singh’s statement boomeranged though he made it for the safety of Malayali women when the state is witnessing scores of sexual assault cases with most of them going unreported.
