'Commenting on a woman's body structure is also sexual harassment'' Kerala High Court

The Kerala High Court has said that commenting on a woman's body structure is a sexually motivated comment, which will fall under the category of a punishable offence under sexual harassment. Justice A. Badruddin gave this verdict while dismissing the petition of a former employee of Kerala State Electricity Board (KSEB) in this regard. In the petition, the accused had requested to cancel the sexual harassment case filed against him by a female employee of the same organization.

The woman had alleged that the accused had been using abusive language against her since 2013 and then in 2016-17 he started sending objectionable messages and voice calls. She had claimed that despite complaining to KSEB and the police, he continued to send her objectionable messages.

Following her complaints, the accused was booked under Sections 354 A (sexual harassment) and 509 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code (IPC) and Section 120 (O) (harassment by means of any means of communication by means of unsolicited calls, letters, writings, messages) of the Kerala Police Act.

Seeking quashing of the case, the accused claimed that commenting on someone's beautiful physique cannot be termed as sexually coloured remarks under Sections 354 A, 509 of the IPC and Section 120 (O) of the Kerala Police Act.

On the other hand, the prosecution and the woman argued that the accused's phone calls and messages contained obscene comments aimed at harassing the victim and insulting her dignity. Agreeing with the arguments of the prosecution, the Kerala High Court in its January 6 order said that prima facie ingredients for the offence under Sections 354A and 509 of the Indian Penal Code and Section 120 (O) of the Kerala Police Act are visible.

The High Court said that Section 354A states that making sexually based remarks will be considered sexual harassment, while Section 509 talks about acts done with the intention of insulting the dignity of a woman and Section 120 of the Kerala Police Act provides for punishment for nuisance and violation of public order.