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

Kochi: The Kerala High Court has ruled that commenting on a woman's "body structure" constitutes a sexually colored remark, which qualifies as sexual harassment under Indian law.

The ruling, issued by Justice A. Badharudeen, came as the court dismissed a plea by a former Kerala State Electricity Board (KSEB) employee, who sought to quash a sexual harassment case filed by a female colleague at the same organization.

The woman alleged that the accused had used vulgar language towards her since 2013, and between 2016 and 2017, he escalated the harassment by sending objectionable messages and making inappropriate voice calls. Despite her complaints to both the KSEB and the police, the accused continued his offensive behavior.

As a result, the accused was charged under Sections 354A (sexual harassment) and 509 (insulting the modesty of a woman) of the Indian Penal Code (IPC), as well as Section 120(o) of the Kerala Police Act (causing nuisance through unwanted calls, letters, messages, etc.).

In his defense, the accused argued that merely commenting on a person's "nice body structure" could not be considered a sexually colored remark under the relevant provisions of the law. However, the prosecution and the woman maintained that the accused's calls and messages contained remarks meant to harass and violate her dignity.

Agreeing with the prosecution, the Kerala High Court concluded that the charges under Sections 354A and 509 of the IPC and Section 120(o) of the Kerala Police Act were prima facie applicable. The court's January 6 order stated, "The prosecution case is specifically made out, prima facie, to attract the offences alleged." Consequently, the court dismissed the accused’s plea and vacated the interim order previously granted.

With PTI inputs