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Kerala High Court: Kerala High Court, while hearing a case, said that commenting on the physical structure of a woman will be considered a punishable offense under sexual harassment. Justice A. Badruddin gave this decision while rejecting the application of a former employee of Kerala State Electricity Board (KSEB) in this regard. In the petition, the accused had requested to quash the sexual harassment case filed against him by a female employee of that organization.
The woman had alleged that the accused had been using abusive language against me since 2013 and then started sending me objectionable messages and voice calls in 2016-17. Even after complaining to KSEB and police, he kept sending me objectionable messages.
Following the woman’s complaints, the accused was booked under IPC sections 354A (sexual harassment) and 509 (outraging the modesty of a woman) and Section 120(s) (harassment using any means of communication) of the Kerala Police Act. Case registered under. A case was registered under Unsolicited calls, letters, articles, messages)
Seeking dismissal of the case, the accused claimed that commenting on someone’s physical appearance cannot amount to sexual harassment under sections 354A and 509 of the IPC and section 120 (O) of the Kerala Police Act.
The prosecution and the woman argued that the accused’s phone calls and messages contained lewd comments, which were aimed at harassing the victim and hurting her dignity. According to the report, the prosecution also said that ‘while working in KSEB, the accused had said ‘okay’ after seeing the dead body of the woman.’
Agreeing with the arguments of the prosecution, the Kerala High Court said in its order on January 6 that ‘prima facie an offense is found under sections 354A and 509 and section 120 (O) of the Indian Penal Code. Kerala Police Act.’