Kerala High Court Rules Comment On Woman’s Body Structure As Sexual Harassment

In a significant ruling, the Kerala High Court has affirmed that a comment on a woman’s “body structure” qualifies as a sexually coloured remark, which can constitute a penal offense under the Indian Penal Code (IPC) and the Kerala Police Act. 

The verdict, delivered by Justice A. Badharudeen, came in response to a plea from a former Kerala State Electricity Board (KSEB) employee who sought to quash the sexual harassment case filed against him by a woman colleague.

The woman, an employee of the same organization, had accused the man of using vulgar language and sending objectionable messages to her over several years. Her complaints, dating back to 2013, claimed that the harassment escalated between 2016 and 2017, with the accused sending sexually suggestive messages and voice calls.

Despite filing complaints with both KSEB authorities and the police, the harassment continued, prompting the woman to seek legal action.

Accused Questioned the Charges

The accused, however, argued that merely commenting on a person’s “nice body structure” could not be categorized as a sexually coloured remark and should not be linked to offenses under Section 354A (sexual harassment) and Section 509 (insulting the modesty of a woman) of the IPC, nor Section 120(o) of the Kerala Police Act. He sought to have the case against him dismissed on these grounds.

In a counter-argument, the prosecution and the woman maintained that the content of the accused’s calls and messages was indeed sexually coloured and aimed at harassing her. They further asserted that the remarks made by the accused were designed to outrage her modesty and cause emotional distress.

After reviewing the case, the Kerala High Court upheld the prosecution’s position, stating that the charges brought against the accused prima facie met the legal criteria for sexual harassment and related offenses. The court emphasized that the facts presented by the prosecution provided sufficient grounds for the case to proceed, dismissing the accused’s plea to quash the case.

Sexual Harassment At Workplace Getting Attention

The ruling underscores the importance of safeguarding women from sexual harassment in the workplace and reinforces the interpretation of “sexually coloured remarks” under Indian law. As a result of the ruling, the interim order previously granted to the accused was vacated, and the case will continue to proceed in court.

This judgment highlights the ongoing need for awareness and legal safeguards in addressing sexual harassment, particularly in professional environments, and sends a clear message about the consequences of making inappropriate and demeaning remarks towards women.

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