Commenting on woman’s 'fine body structure' amounts to 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 penal offence of sexual harassment.
FollowThe Kerala High Court has ruled that making sexually coloured remarks about a woman’s physical appearance, such as calling it "fine," constitutes sexual harassment under the law. The judgment sets a clear precedent, reinforcing the boundaries of workplace conduct and individual accountability.
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 organisation.
The case dates back to 2017 and revolves around a series of alleged incidents involving the accused, a former employee of the Kerala State Electricity Board Ltd. (KSEB), and the complainant, a Senior Assistant at the same organization. According to the complainant, the accused made inappropriate, sexually suggestive comments about her body on March 31, 2017, during work hours.
Further, the accused reportedly sent lewd and inappropriate messages to the complainant on multiple occasions—specifically on June 15, 17, and 20 of that year. The complainant highlighted that this behavior was not new; his alleged misconduct had persisted since 2013, despite several complaints lodged with both KSEB authorities and the police.
The petitioner’s counsel attempted to downplay the allegations, arguing that mere comments about someone’s body structure could not be classified as sexually coloured remarks. The prosecution and the woman, on the other hand, contended that the calls and messages of the accused carried sexually coloured remarks intended to harass her and outrage her modesty.
The court said, “Any man making sexually coloured remarks to a woman is guilty of the offence of sexual harassment.”
Justice Badharudeen observed that the alleged remarks, coupled with the accused's repeated inappropriate messages, clearly fell within the ambit of Section 354A(1)(iv) and 509 of the Indian Penal Code (IPC). The persistent nuisance caused through undesirable communication was further categorized as an offence under Section 120(o) of the Kerala Police Act (KP Act).
"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," the court said in its January 6 order.
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