The Kerala High Court has ruled that commenting on a woman’s “body structure” is considered a sexually coloured remark, which can lead to a charge of sexual harassment.
The ruling was made by Justice A Badharudeen when he dismissed a plea from a former Kerala State Electricity Board (KSEB) employee. The employee had asked the court to cancel the sexual harassment case filed against him by a female staff member of the same organization.
The woman had accused the man of using vulgar language towards her since 2013. She also claimed that between 2016 and 2017, he started sending her inappropriate messages and making objectionable voice calls. Even after she made complaints to the KSEB and the police, he continued sending these unwanted messages.
As a result of her complaints, the man was charged under sections 354A (sexual harassment) and 509 (insulting a woman’s modesty) of the Indian Penal Code (IPC), and section 120(o) of the Kerala Police Act (which deals with causing nuisance through unwanted messages or calls).
The accused argued that simply commenting on someone’s “nice body structure” could not be considered a sexually coloured remark under sections 354A and 509 of the IPC or section 120(o) of the Kerala Police Act.
However, the prosecution and the woman argued that the man’s messages and calls contained sexually coloured remarks, which were meant to harass her and disrespect her modesty.
The Kerala High Court agreed with the prosecution, saying that, based on the facts, the charges under sections 354A, 509 of the IPC, and section 120(o) of the Kerala Police Act were valid.
The court concluded, “Having noticed the facts of the case, it is discernible that 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.” This means the case against the accused will continue.
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