Commenting on Women's Body Shape Counts as Sexual Harassment, Says Kerala High Court

Kerala High Court ruled that comments on a woman's physical appearance constitute sexually motivated remarks, qualifying as sexual harassment. Justice A. Badruddin issued this judgment while dismissing a plea from a former employee of the Kerala State Electricity Board (KSEB) who sought to quash the sexual harassment case filed against him by a female colleague.

The woman alleged that the accused had used abusive language towards her since 2013 and began sending offensive messages and voice calls between 2016 and 2017. Despite her complaints to both KSEB and the police, he continued his harassment. Accused was charged under Indian Penal Code (IPC) Sections 354A (sexual harassment) and 509 (outraging the dignity of women), as well as Section 120(o) of the Kerala Police Act (unwanted communications). He argued that comments on physical beauty do not constitute sexual harassment under these laws.

In contrast, the prosecution and the victim contended that the accused's messages and calls included obscene remarks intended to harass and demean her. On January 6, the Kerala High Court agreed with the prosecution, stating that the elements of the offenses under IPC Sections 354A and 509 and Section 120(o) of the Kerala Police Act were present.

The court noted that Section 354A defines sexist comments as sexual harassment, while Section 509 addresses actions intended to insult a woman's dignity, and Section 120 of the Kerala Police Act pertains to public nuisance. Violations are subject to fines.