Bengaluru: The Karnataka High Court has ruled that the act of following women, monitoring them, and recording their images without consent falls squarely within the mischief sought to be curbed by Section 78(1) of the Bharatiya Nyaya Sanhita (BNS), i.e., stalking. The court dismissed a petition filed by a Bengaluru resident seeking to quash criminal proceedings against him.
The order copy was released on Wednesday. A criminal case was registered last year against BK Diganth, 28, for taking photographs of women passengers onboard a Namma Metro train and posting them on his social media account, 'Metro Chicks'. Diganth approached the court arguing that the allegations against him were vague.
However, Justice M Nagaprasanna rejected his plea. The judge observed that the complaint, when read alongside the chargesheet, paints a disquieting picture. Women commuting in the anonymity of public transport were subjected to covert surveillance; their images and videos captured without consent, focusing upon various parts of their bodies and thereafter disseminated on a public digital platform for voyeuristic consumption.
The judge noted that the investigation, as reflected in the chargesheet, reveals the petitioner's mobile device contains incriminating material of a similar nature, reinforcing the allegations. The argument that the allegations are vague does not merit acceptance. The materials collected during investigation disclose sufficient prima facie grounds to proceed. To interdict the proceedings at this juncture would not merely truncate the course of justice, but may also embolden similar transgressions, thereby imperilling the safety and dignity of women in public places. This court cannot remain oblivious to the larger societal implications, observed the judge.
Public transport must remain a place of safety and dignity, not one of silent fear and exploitation. To quash the proceedings, in the face of such allegations, would be to place a premium on conduct that corrodes the very fabric of civilised society, Justice Nagaprasanna observed while dismissing the petition.
