The Kerala High Court has labelled commenting on a woman's body structure equivalent to sexual harassment. The High Court observed that a woman's modesty is insulted, and thus passing comments is an equally offensive crime.
Justice A. Badharudeen ruled against a former Kerala State Electricity Board (KSEB) employee's request to dismiss the sexual harassment case filed by a female colleague from the same organization.
The woman lodged an FIR against the employee, who was a sub-engineer in the electricity board and had been making inappropriate comments about her body since 2013 and had used vulgar language. Since then, he also made suggestive voice calls and sent her inappropriate messages between 2016 to 2017. She alleged that the man commented that she had a good body structure. While she made several complaints to KSEB, the harassment allegedly continued.
The accused was then charged under sections 354A (sexual harassment) and 509 (insulting a woman's modesty) of the Indian Penal Code, as well as section 120(o) of the Kerala Police Act (causing nuisance through objectionable communication).
The man, however, filed a petition stating that commenting on someone’s body structure as nice should not count as sexual harassment and argued regarding the charges against him.
The high court rejected this argument while highlighting the accused's history of harassment – including publicly insulting the complainant and privately messaging and calling her despite multiple complaints to the superiors.
The court stated in its January 6 order,
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. As a result, this Criminal Miscellaneous Case stands dismissed. Interim order, already granted, shall stand vacated.
Taking A Standing Against Sexual Harassment
Taking one step on your part makes the path easier for other victims to follow. Remember, speaking out against wrongdoing is not shameful; on the contrary, it empowers and strengthens.
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Commenting On Woman’s ‘Body Structure’ Is Sexual Harassment: Kerala HC
The Kerala High Court has held that a comment on a woman's "body structure" is a sexually coloured remark which would constitute the penal offence of sexual harassment.
(Image For Representational Purpose Only )
The Kerala High Court has labelled commenting on a woman's body structure equivalent to sexual harassment. The High Court observed that a woman's modesty is insulted, and thus passing comments is an equally offensive crime.
Justice A. Badharudeen ruled against a former Kerala State Electricity Board (KSEB) employee's request to dismiss the sexual harassment case filed by a female colleague from the same organization.
The woman lodged an FIR against the employee, who was a sub-engineer in the electricity board and had been making inappropriate comments about her body since 2013 and had used vulgar language. Since then, he also made suggestive voice calls and sent her inappropriate messages between 2016 to 2017. She alleged that the man commented that she had a good body structure. While she made several complaints to KSEB, the harassment allegedly continued.
The accused was then charged under sections 354A (sexual harassment) and 509 (insulting a woman's modesty) of the Indian Penal Code, as well as section 120(o) of the Kerala Police Act (causing nuisance through objectionable communication).
The man, however, filed a petition stating that commenting on someone’s body structure as nice should not count as sexual harassment and argued regarding the charges against him.
The high court rejected this argument while highlighting the accused's history of harassment – including publicly insulting the complainant and privately messaging and calling her despite multiple complaints to the superiors.
The court stated in its January 6 order,
Taking A Standing Against Sexual Harassment