Asking a woman her name, number inappropriate, but not sexual harassment: Gujarat high court

AHMEDABAD: Police booked a Gandhinagar man for sexual harassment for allegedly asking an unknown woman her name, address and mobile number. The Gujarat high court on Tuesday took a different view and said that such questions may be inappropriate but do not amount to sexual harassment.
A woman lodged an FIR at Section 21 police station on April 26 against Samir Roy, for allegedly asking her name, address and mobile number.Roy was booked under Section 354A of the Indian Penal Code (IPC), for sexual harassment.
Roy submitted before the court that the FIR filed against him is a counterblast to his complaint made against the cops for police atrocities he was subjected to on April 25. Roy alleged that cops had taken away his mobile phone and deleted some of his data as well after which he made made complaints on different forums about the cops and demanded action against them. Roy filed a petition in HC demanding action with regard to his custodial torture.
Roy further submitted that it was on May 9 that he came to know about the FIR alleging sexual harassment filed against him in the police station. The FIR was incidentally filed a day after he was allegedly tortured.
Justice Nirzar Desai questioned the police action of booking the man for sexual harassment, “If someone says ‘what is your number’, it is offending, but not a good case for an FIR. Does it show any ill intention?”
The court further said, “Of course, this may be an inappropriate act by the applicant, but prima facie, this court is of the view that, if Section 354 of the IPC is read, it is in respect to sexual harassment and punishment for sexual harassment. In the impugned FIR, the offence is registered under Section 354A of the IPC and, therefore, prima facie, even if the FIR is believed to be true, the act on the part of the applicant to ask name, address etc., of an unknown woman can be said to be an inappropriate act, but would not amount to sexual harassment as per the prima facie observation of this court, looking to the facts narrated in the FIR.”