'Sexual integrity of every person to be respected': Delhi HC upholds conviction for voyeurism

The Delhi High Court has upheld conviction of a man for voyeurism saying the sexual integrity of every person has to be respected and any violation of it should be dealt with a stern hand.

"The objective behind introducing the present offence was to curb sexual crime against women and to protect their privacy and sexual integrity. The law has to ensure that all citizens are able to enjoy a peaceful life with peace of mind having assurance that their privacy is respected and such kind of trespass and mischief will attract the criminality of voyeuristic behavior of the perpetrator of the crime," a bench of Justice Swarana Kanta Sharma said.

The court confirmed the conviction and sentence of Sonu alias Billa for peeping into a temporary bathroom used by the victim.

Also Read: Bathing in washroom 'private act', absurd to call it 'public act': Delhi HC

The counsel for the convict contended since the bathroom was situated in the common area, he could not have been convicted for voyeurism as he was merely standing outside his house which was his right.

Secondly, it was also argued that in the present case, the bathroom used by the victim being situated at a common public place cannot be termed as a ‘private area’ but a ‘public place’ and thus the act of bathing at such ‘public place’ cannot be held to be a ‘private act’. If this court holds to the contrary, in that case, several thousands of persons can be prosecuted merely for their presence at public places such as water parks, swimming pools, lakes, ponds or even while taking bath in rivers at religious places, he claimed.

"The argument that the act of taking bath cannot be considered a ‘private act’ as it was being done in a public place is not only meritless but also absurd," the bench said, adding taking bath in a bathroom by any person, whether a male or a female, is essentially a ‘private act’ as it is taking place inside the four walls of the bathroom.

"Taking holy dip at the religious places cannot be equated with the closed bathroom where a female is taking bath. However, even in that case, there will be ‘reasonable expectation’ that photographs or videos of such women, even while taking bath at such public places are not taken or videos created. Even in those cases, it will amount to invading her privacy," the bench said.

"No person has a right, even in that situation, to take her photographs, videos etc as envisaged under Section 354C of IPC and the Explanation thereto," the bench added.