Peeping in the bathroom during a woman's bath violates the right to privacy of a woman--Delhi High Court

The Delhi High Court has said that when a man peeps into the bathroom of a woman while she is taking a bath, then this act of the man will be considered as a violation of the right of privacy of that woman.This act of a man would be considered an offense under section 354 C of the IPC.                                     The Delhi High Court made this observation during the hearing of a 2014 case in which a man was convicted by the trial court under Section 354C of the I.P..C and sentenced to one year rigorous imprisonment.                                                  The convict challenged this decision of the lower court in the Delhi High Court.                                                                              Justice Swarna Kanta Sharma, while upholding the sentence awarded to the convict by the lower court, said that bathing in the bathroom of a person is a private act.because it's happening inside the walls of the bathroom.The court refused to accept the contention of the appellant that the toilet being used by the victim was a temporary structure outside the slum with a curtain in place of the door.It was in a public place, so the act of bathing there cannot be considered a private act.The court also rejected the contention of the appellant that if the sentence awarded to the convict is not set aside, public places where women bathe such as religious places, holy rivers, swimming pools, ponds, etc.The mere presence of men in these places can make them liable to be sued.                               In response, the court said that these public places where women take bath cannot be compared to a closed bathroom where a woman was taking bath.                                                                                              The court observed that the objective of criminalizing voyeurism is to prevent sexual offenses against women and to protect their privacy and sanctity.The court said that the sexual integrity and privacy of every individual should be respected and any violation of the same should be dealt with strictly.                                                The High Court observed that casually peeping into the bathroom of the victim while she was taking a bath and passing lewd remarks against her was not only frivolous and indecent behavior but also a violation of the privacy of the woman which is punishable under Section 354 C of the IPC.                                                                                          The court observed that the prosecution has failed to prove that the victim was a minor at the time of the incident.  Court acquits accused of Protection of Children from Sexual Offenses Act charges.