Tamil Nadu Opposition leader Udhayanidhi Stalin was arrested from his residence on Tuesday over his 'offensive' remarks against actor Trisha. TVK condemned the 'disgusting' remarks made by the DMK leader against the actor. Protests were carried out in several regions across Tamil Nadu by TVK leaders seeking Udhayanidhi's apology over his remarks.
The controversial remarks were made at a DMK farmers' protest on August 3 concerning the Cauvery dispute in Thanjavur.
Several known personalities in the film industry came forward to criticise Udhayanidhi over his remarks just minutes after his arrest.
Singer Chinmayi Sripaada said that politicians should focus on public issues instead of targeting women. "If men in politics could just focus on actual issues instead of dragging women who have nothing to do with their scheme of things – it would be stellar," she wrote on X.
Actor-politician Khushbu Sundar also demanded an unconditional apology. "Heard Udhayanidhi's speech. It was crass, cheap and deeply derogatory; reflecting the very political culture he seems eager to inherit."
"Those who normalise such language should remember that once the dignity of women is made a political casualty, no family (including your own) is immune from the same treatment," she said.
Following a complaint regarding alleged misogynistic and double-entendre remarks made during a public gathering in Thanjavur, the Thanjavur East Police filed an FIR under several sections of the Bharatiya Nyaya Sanhita (BNS), the Tamil Nadu Prohibition of Harassment of Women (TNPHW) Act, and the IT Act.
BNS Sections include:
Section 196: It deals with promoting enmity between different groups on grounds such as religion, race, place of birth, residence, language, caster or community and acts prejudicial to the maintenance of harmony. Under this section the case has to be tried by magistrate of the first class. The offence is non-bailable and is punishable with imprisonment for up to three years or a fine or both. Of committed in a place of worship or during a religious ceremony, the punishment can extend up to five years along with a fine.
Section 192: It relates to wantonly giving illegal provocation with the intent to cause a riot, which is a bailable offence. Under this section also the case can be tried by any magistrate. If a riot is committed as a consequence of the provocation, the punishment is imprisonment of up to one year or a fine or both. If no riot takes place, the punishment extends to six months or a fine or both.
Section 352: It is a punishable offence with an imprisonment for up to two years, or a fine or both, It is a non-cognisable offence triable by any Magistrate. The section deals with intentional insult intended to provoke breach of peace and is a bailable offence.
Section 79: It deals with uttering words or making any gesture or doing any acts intended to insult the modesty of a woman, etc - which is a bailable offence. This section can be tried by any magistrate. Section 79 involves simple imprisonment for up to three years along with a fine.
Section 296(b): It involves a maximum punishment of three months of imprisonment, a fine of Rs.1000 or both. This section penalised singing, reciting, or uttering obscene songs, ballads, or words in or near a public place causing annoyance to others. It is a bailable offence, and can be tried by any magistrate.
Section 61: It deals with conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards. This section can be bailable or non-bailable depending on the object of conspiracy.
The trial, under this section, will be done by a judicial officer based on the nature of the conspiracy. If the conspiracy relates to serious offences punishable with death, life imprisonment or rigorous imprisonment of two years or more, the punishment is the same as for abetment of that offence. For lesser offences, punishment extends beyond six months of imprisonment or a fine or both.
Section 351(2): It deals with criminal intimidation by threatening injury to a person’s body , reputation, or property, or that of someone they care about, with the intention of causing alarm or compelling an illegal act. It is a bailable offence and can be tried by any magistrate. The punishment involves imprisonment for up to two years or a fine or both.
Section 4 of the TNPHW Act: It involves punishment with imprisonment for a term which may extend to three years with a fine which shall not be less than Rs. 10,000. The section is invoked against whoever commits or participates in or abets harassment of women in or within the precincts o any educational institution, temple or other place of worship, bus stop, road, railway station, cinema theatre, park, beach, place of festival, public service vehicle or vessel.
Section 67 of the IT Act: Under this, whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances to see or read or hear the matter contained or embodied in it shall be punished. The punishment involves conviction with imprisonment of either description for a term which may extend to three years and with a fine of Rs. 5 lakh.
A huge drama unfolded in Chennai when Udhayanidhi was detained at his home. DMK workers staged a protest and criticised the move by the police. Besides a police complaint, TVK had lodged a complaint with the National Commission for Women (NCW) seeking action against the DMK leader.
(With inputs from Lakshmi Subramanian)
