In a significant ruling, the Kerala High Court held that engaging in sexual activity in the presence of a child constitutes sexual harassment of a minor. Justice A. Badharudeen made this observation while hearing a plea from a man seeking to quash charges against him under various sections of the IPC, the POCSO Act, and the Juvenile Justice Act. The court emphasized that such behavior amounts to sexual harassment, reinforcing the need for stringent action to protect minors from exposure to sexual acts.
The Kerala High Court ruled that engaging in sexual intercourse or exposing a naked body in the presence of a minor constitutes sexual harassment and is punishable under the Protection of Children from Sexual Offences (POCSO) Act.
Justice A Badharudeen delivered this ruling in response to a petition by a man seeking to dismiss charges against him under the Indian Penal Code (IPC), POCSO Act, and the Juvenile Justice Act.
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The man faced accusations of engaging in sexual intercourse with the minor’s mother in a lodge without locking the room and then assaulting the boy when he questioned the act after witnessing it.
In his plea, the accused-petitioner contended that no offenses had been established against him. However, the High Court determined that exposing a naked body to a child constitutes an act intended to commit sexual harassment. As such, the court found that the offenses defined under sections 11(i) (sexual harassment) and 12 (punishment for sexual harassment) of the POCSO Act applied in this case.
The Court observed,
“In this case, the allegation is that the accused persons engaged in sexual intercourse while naked, without locking the room, and permitted the entry of the minor into the room so that the minor could see the same.”
Accordingly, it stated that there is sufficient prima facie evidence to support the claim of an offense punishable under sections 11(i) read with 12 of the POCSO Act against the petitioner.
Furthermore, the court noted that the accused allegedly assaulted the child, while the minor’s mother failed to intervene.
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As a result, the offenses under sections 323 (punishment for voluntarily causing hurt) and 34 (common intention) of the Indian Penal Code were also deemed applicable. The High Court ordered that the man must stand trial for the offenses under the POCSO Act as well as sections 323 and 34 of the IPC.
However, the court partially accepted his plea and dismissed the criminal charges against him for offenses under Section 294(b) of the IPC (which pertains to singing, reciting, or uttering obscene songs or words in public), Section 341 of the IPC (punishment for wrongful restraint), and Section 75 of the Juvenile Justice Act, stating that the elements of these offenses were not established.
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