The Modesty Paradox: Deconstructing The Patriarchal Framework Of Section 79 BNS

ABSTRACT

This article critically examines Section 79 of the Bharatiya Nyaya Sanhita2 , 2023 (formerly Section 509 of the Indian Penal Code3 ), which criminalizes acts intended to insult the modesty of women. Through a doctrinal analysis of statutory provisions and judicial precedents, it identifies three core flaws in India’s sexual harassment jurisprudence. First, the BNS continues to rely on the term “modesty”, an undefined concept rooted in Victorian notions of feminine chastity, creating ambiguity. Second, the gender-specific nature of the provision violates constitutional equality by excluding men, transgender persons, and LGBTQ+ individuals from protection. Third, the morality-based framework dilutes harassment’s reality, framing it as a violation to honour rather than violation of bodily autonomy. This research proposes a paradigm shift towards a dignity and bodily integrity-based framework grounded in Article 21. It advocates for gender-neutral protection that places individual autonomy and human dignity at the core, addressing sexual harassment as a human rights violation rather than a moral transgression.