In a significant ruling, the Kerala High Court has affirmed that commenting on a woman’s body structure or making sexually inappropriate remarks constitutes sexual harassment under the Indian Penal Code (IPC) and the Kerala Police Act (KP Act). The decision, handed down by Justice A. Badharudeen, came as the court dismissed a petition seeking to quash criminal proceedings against a man accused of such behavior.
The case involves a former employee of the Kerala State Electricity Board Ltd. (KSEB), who allegedly made unwelcome sexual comments about a female colleague, a Senior Assistant at KSEB. The incidents reportedly began on March 31, 2017, and continued with several objectionable messages sent to her mobile phone over the following months.
The accused was charged under Sections 354A(1)(iv) and 509 of the IPC for making sexually colored remarks and Section 120(o) of the KP Act for causing nuisance through electronic communication. Despite his defense counsel’s argument that merely referring to someone’s body structure does not constitute sexual harassment, the court found the remarks to be made with a clear sexual intent, thus satisfying the legal definition of sexual harassment.
Justice Badharudeen stated, “Any man making sexually colored remarks to a woman is guilty of the offence of sexual harassment,” emphasizing that such actions are a clear violation of the law. He also noted the repeated nature of the accused’s conduct, which added to the severity of the case.
The court’s decision to proceed with the criminal case underscores the judiciary’s commitment to addressing and penalizing sexual harassment, reinforcing the protections afforded to individuals against unwelcome sexual advances in the workplace and beyond.
