Mumbai court upholds discharge of Shilpa Shetty in 2007 obscenity case involving Richard Gere
Image Credit : Social Meida
12-04-2023 : In 2007, during an AIDS awareness program in Rajasthan, Hollywood actor Richard Gere kissed Bollywood actor Shilpa Shetty on her cheek. This incident caused controversy and led to a case being registered against both actors under various sections of the Indian Penal Code (IPC) and the Information Technology Act for obscenity.
Recently, a Mumbai court upheld a magistrate court’s order discharging Shetty from the case. The court stated that there was no material to frame charges against Shetty and that she cannot be held for illegal omission or mental culpability.
The prosecution had argued that Shetty was aware of the presence of press and media at the event, and her failure to protest against the kiss amounted to an offense on her part. However, Shetty’s lawyer argued that there was no material to frame charges against her and that the lower court’s order was legal and proper.
The Additional Sessions Judge S.C. Jadhav, after hearing both sides, stated that a woman being groped or touched in public transport cannot be held accused or participative to an extent of mental culpability. He also noted that obscenity on Shetty’s part was not evident and there was nothing on record regarding the complainant’s annoyance.
Furthermore, the court stated that there was no evidence to suggest that Shetty committed any offense under the Indecent Representation of Women (Prohibition) Act. The act prohibits the depiction of women in a derogatory or indecent manner likely to corrupt or injure public morality.
The court’s decision was based on a thorough examination of the material placed on record and the police papers. The magistrate’s order, which discharged Shetty, did not require any interference, according to the judge.
In summary, the court’s decision was in favor of Shilpa Shetty, as there was no evidence to frame charges against her under any relevant laws. The court’s decision also affirms that a woman who is touched or groped in public transport cannot be held accountable or accused of mental culpability.
