Comments on woman’s body constitute sexual harassment: Kerala High Court
Kerala High Court has ruled that comments about a woman’s body structure fall under the category of sexually coloured comments and amount to the penal offence of sexual harassment. The court made the observation while dismissing a plea by a former Kerala State Electricity Board (KSEB) employee seeking to quash a sexual harassment case filed against him by a female colleague.
Justice A. Badharudeen, in his order dated January 6, 2025, noted that the prosecution's allegations constitute sufficient grounds to attract the offences alleged. He was charged under sections 354A (sexual harassment) and 509 (insulting the modesty of a woman) of the Indian Penal Code (IPC), along with section 120(o) of the Kerala Police Act, which pertains to causing nuisance through undesirable communication.
The court found sufficient evidence to proceed with the case, citing relevant legal precedents to support its decision.
The complainant alleged that the accused had been using vulgar language towards her since 2013 and, from 2016-17, increased his behaviour by sending objectionable messages and making inappropriate voice calls.
Despite filing complaints with the KSEB and the police, the accused allegedly continued his harassment.
In his defence, the accused argued that commenting on a person’s “nice body structure” could not be classified as a sexually coloured remark under the provisions mentioned. However, the prosecution and the complainant contended that his calls and messages were intended to harass and outrage her modesty.
“The prosecution case is specifically made out, prima facie, to attract the offences alleged to be committed. In the result, this Criminal Miscellaneous Case stands dismissed. Interim order, already granted, shall stand vacated,” the court concluded.
