The Kerala High Court ruled that making sexually coloured remarks about a woman’s body or sending inappropriate messages constitutes sexual harassment under Sections 354A(1)(iv) and 509 of the IPC and Section 120(o) of the Kerala Police Act. Dismissing a petition by the accused, the court stated: “Any man making sexually coloured remarks to a woman is guilty of the offence of sexual harassment,” and directed the trial to proceed based on sufficient prima facie evidence.
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KERALA: Commenting on a woman’s body or making sexually inappropriate remarks amounts to sexual harassment, the Kerala High Court has ruled. The court stated that such actions clearly violate legal provisions under the Indian Penal Code (IPC) and the Kerala Police Act (KP Act).
The ruling was made by Justice A. Badharudeen while dismissing a petition filed by a man accused of sexual harassment. The petitioner had sought to quash the criminal proceedings initiated against him under Sections 354A(1)(iv) and 509 of the IPC and Section 120(o) of the KP Act. However, the court found sufficient evidence to proceed with the case.
This case stems from events that occurred in 2017. The accused, a former employee of the Kerala State Electricity Board Ltd. (KSEB), allegedly made sexually coloured remarks about the body of the complainant, who was a Senior Assistant at KSEB, and also sent inappropriate messages to her.
According to the complainant, on March 31, 2017, during office hours, the accused commented on her body structure with sexual intent. The harassment reportedly continued on multiple occasions, including June 15, 17, and 20 of the same year, when he sent objectionable messages to her mobile phone.
The complainant further revealed that the accused’s behaviour had been an ongoing issue, with complaints about him dating back to 2013. Despite raising concerns multiple times with KSEB authorities and filing complaints with the police, the accused allegedly persisted in his misconduct.
The petitioner’s counsel argued that merely referring to someone’s body structure could not be considered sexually coloured remarks and therefore did not constitute an offence under the relevant legal provisions.
However, the court rejected this argument, clarifying that such comments, when made with sexual intent, clearly amount to sexual harassment.
The court categorically stated:
“Any man making sexually coloured remarks to a woman is guilty of the offence of sexual harassment.”
It further observed that the repeated inappropriate messages sent by the accused also violated Section 120(o) of the KP Act, which penalizes nuisance caused through undesirable communication.
Based on the available evidence, the court concluded that there was enough material to proceed with the prosecution. The petition seeking to quash the criminal case was dismissed, and the court directed the jurisdictional magistrate to continue with the trial.
CASE TITLE:
R. Ramachandran Nair v State of Kerala [CRL.MC NO. 4729 OF 2021].
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