Commenting on Body Structure is Sexual Harassment: Says Kerela HC

KOCHI: The Kerala High Court has ruled that commenting on a woman’s "body structure" is considered as a sexually coloured remark and constitutes sexual harassment under the law. The ruling came in response to a plea by a former Kerala State Electricity Board (KSEB) employee who sought to quash a sexual harassment case filed by a female colleague.

The woman accused the former KSEB employee of using vulgar language, sending objectionable messages, and making inappropriate voice calls between 2013 and 2017, despite her complaints to both KSEB authorities and the police.

The accused defended himself by claiming that complimenting someone’s body structure should not be considered a sexually coloured remark. However, the court rejected this argument. Justice A. Badharudeen ruled that the allegations, at first glance, were sufficient to bring charges under Section 354A (sexual harassment) and Section 509 (insulting a woman's modesty) of the Indian Penal Code (IPC), as well as Section 120(0) of the Kerala Police Act.

In dismissing the accused's plea, the court vacated an earlier interim order and upheld the validity of the prosecution's case.

Meanwhile, the previous year, expressing concern over human and sex trafficking, the Supreme Court said that there exists a legislative vacuum regarding the establishment of a comprehensive rehabilitation framework for such victims, which needs to be urgently considered by the Union. It emphasized that it is the responsibility of the Union to take earnest and prompt measures to address the issue.

A Bench of Justices JB Pardiwala and Pankaj Mithal stated that the sex trafficking issue is "highly sensitive and important" and relates to the protection that needs to be afforded to the victims of sex trafficking.

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