On January 3, 2025, the Madras High Court upheld the conviction of actor-politician S. Ve Shekar for his derogatory comments against women journalists, reinforcing the judiciary's stance against misogynistic behavior in public discourse.
Background of the Case
In April 2018, S. Ve Shekar shared an abusive and vulgar comment on his Facebook account targeting women journalists. This action led to widespread condemnation and the initiation of legal proceedings against him. The offensive post was perceived as an affront to the dignity of female journalists, prompting the Tamil Nadu Prohibition of Harassment of Women Act, 2002, to be invoked alongside relevant sections of the Indian Penal Code (IPC).
Trial and Conviction
In February 2024, the Additional Sessions Court for Trial of Cases Related to MPs and MLAs in Tamil Nadu found Shekar guilty. He was sentenced to one month of simple imprisonment and fined Rs. 2,500 under Section 504 of the IPC, which pertains to intentional insult with intent to provoke breach of the peace. Additionally, he received another month of simple imprisonment and a Rs. 2,500 fine under Section 509 of the IPC, relating to words, gestures, or acts intended to insult the modesty of a woman. Under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, Shekar was sentenced to one month of simple imprisonment and fined Rs. 10,000.
Appeal and High Court's Ruling
Shekar appealed the conviction, arguing that there were significant lapses in the investigation and that the prosecution failed to prove the charges beyond a reasonable doubt. He contended that the original forwarded message was never produced in court and that the screenshot presented lacked a certificate under Section 65B of the Indian Evidence Act, questioning its admissibility. Shekar also claimed he lacked the criminal intent, or mens rea, necessary to commit the offenses.
Justice P. Velmurugan of the Madras High Court dismissed these arguments, emphasizing that Shekar had forwarded the message with full knowledge of its content and potential consequences. The court noted that mere tendering of an apology was insufficient, stating, "When once the contents are released and it is also seen by various persons, certainly, the image of the de-facto complainant and other journalists would be degraded and subsequent tendering apology will not remove the image from the public." The court concluded that this was a fit case for conviction, thereby upholding the lower court's judgment.
Implications of the Judgment
This judgment underscores the judiciary's commitment to upholding the dignity of individuals, particularly women, in the face of derogatory and offensive remarks. It sends a clear message that public figures are accountable for their statements and actions, especially when they contribute to the degradation of others based on gender. The court's refusal to accept an apology as a mitigating factor highlights the serious view taken against such offenses, reinforcing the need for responsible behavior in both public and digital spheres.
Conclusion
The Madras High Court's decision to uphold S. Ve Shekar's conviction serves as a precedent for similar cases, emphasizing that derogatory remarks against women will not be tolerated and that offenders will face legal consequences. This ruling reinforces the importance of maintaining respect and dignity in public discourse, particularly concerning gender sensitivity.
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