Comment On Woman’s Body Structure Is Equal To Sexual Harassment: Kerala High Court

Kochi/Hyderabad, Jan 8 (Maxim News): The Kerala High Court has held that a comment on a woman’s “body structure” is a sexually colored remark that would constitute a penal offense of sexual harassment.

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The ruling by Justice A Badharudeen came while dismissing a former Kerala State Electricity Board (KSEB) employee’s plea to quash the sexual harassment case against him filed by a woman staffer of the same organization.

The woman had alleged that the accused used vulgar language against her from 2013 onwards and then in 2016-17 began sending objectionable messages and voice calls. Despite complaints against him to the KSEB and the police, he continued sending her objectionable messages, she had claimed.

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Following her complaints, the accused was booked for the offenses under sections 354A (sexual harassment) and 509 (insulting modesty of a woman) of the IPC and section 120(o) (causing nuisance through any means of communication by undesirable call, letter, writing, message) of the Kerala Police Act.

Seeking to quash the case, the accused claimed that mere reference that a person has a nice body structure could not be attributed to sexually colored remarks within the ambit of section 354A and 509 of the IPC and section 120(o) of the Kerala Police Act.

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The prosecution and the woman, on the other hand, contended that the calls and messages of the accused carried sexually colored remarks intended to harass her and outrage her modesty.

Agreeing with the prosecution’s contentions, the Kerala High Court said that prima facie, the ingredients to attract the offenses under sections 354A and 509 of IPC and section 120(o) of the Kerala Police Act “are made out”.

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“Having noticed the facts of the case, it is discernible that the prosecution case is specifically made out, prime facie, to attract the offenses alleged to be committed. As a result, this Criminal Miscellaneous Case stands dismissed, Interim order, already granted, shall stand vacated, the court said in its order. (Maxim News)


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