Woman’s Modesty Is Not Under Threat From A Man Peeing In Open: Gujarat High Court

In an bizarre case that turned up in Gujarat High Court, a tea stall vendor accused a man of attempting to outrage her modesty by urinating near her tea stall in Vadi area of Vadodara.


Ushaben Ode moved the court against Shyam Sundar Dhobi and his lawyer, Chetan Gore, from Vadodara for violating the Section 354 of the IPC.

The Section 354 of the IPC, which deals with Assault or criminal force to woman with intent to outrage her modesty,  states:

“Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

But Justice J.B. Pardiwala decided to drop the case saying that unrinating in the open may be an indecent act but it certainly did not amount to outraging the modesty of a woman as alleged by the tea vendor.


Meeta Ahlawat/The Hindu

Meeta Ahlawat/The Hindu

In June, 2015, the accused, Dhobi, had gone to visit his lawyer, Gore, whose mother was in hospital at that time for treatment of a cardiac ailment.

Dhobi had parked his bike near Ode’s tea stall, and then went on urinating there on the road before everyone.


Rebel with a cause

Rebel with a cause Representational Image 

Ode, offended by Dhobi’s action, raised objection and in no time an argument broke out between the two which resulted in a squabble.

Supporters from both the sides had thronged the spot and the matter reached the police.

The police booked Dhobi, advocate Gore and his minor son, Sagar, under various charges including Section 354 because Dhobi had urinated in the open that too in front of a woman.


Once the matter reached the High Court, and Justice Pardiwala heard the case, he not only decided to drop Section 354 of the IPC from the complaint but also exonerated Gore’s minor son before permitting the local police to go ahead with their investigation with regards to the the other charges.

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