Kerala HC: Commenting on a woman's body structure is sexual harassment

Photo: PTI

The Kerala High Court has ruled that commenting on a woman’s body structure is considered a sexually offensive remark and can lead to a charge of sexual harassment. This decision was made by Justice A. Badharudeen while rejecting a former Kerala State Electricity Board (KSEB) employee’s request to cancel the sexual harassment case filed against him by a woman who worked in the same department.

The woman had accused the man of using vulgar language against her starting in 2013. Later, between 2016 and 2017, the accused allegedly began sending her inappropriate messages and making unwanted voice calls. Despite several complaints made by the woman to the KSEB and the police, the accused continued with his actions, she said.

As a result of her complaints, the man was charged under sections 354A (sexual harassment), 509 (insulting a woman’s modesty) of the Indian Penal Code (IPC), and section 120(o) (causing nuisance through unwanted calls, messages, or letters) of the Kerala Police Act.

The accused, trying to get the case dismissed, argued that simply commenting on someone’s “nice body structure” could not be considered a sexually offensive remark under the laws mentioned. However, the woman and the prosecution argued that the calls and messages from the man contained sexually inappropriate comments that were meant to harass her and disrespect her dignity.

The Kerala High Court agreed with the prosecution’s side, stating that the evidence presented shows that the accusations meet the legal requirements for sexual harassment and insulting a woman’s modesty. The court dismissed the man’s plea and upheld the charges, saying that the case should continue. The interim order that was previously given to him was also canceled. This decision was made in the court’s order on January 6.

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