look news india
Kerala High Court has said in an important decision that commenting on the physical structure of a woman falls under the category of offense punishable under sexual harassment. Justice A. Badruddin gave this decision while rejecting the petition of a former employee of Kerala State Electricity Board (KSEB). In the petition, the accused had requested to quash the sexual harassment case filed against him.
case details
A woman employee of KSEB had alleged that the accused used abusive language against her since 2013 and started sending objectionable messages and voice calls in 2016-17. The woman said that despite complaints to KSEB and police, the accused continued his activities.
On the basis of these allegations against the accused Section 354A of the Indian Penal Code (IPC) (sexual harassment), 509 (to insult the dignity of woman), and Section 120 (O) of Kerala Police Act A case was registered under IPC (harassment through unwanted calls and messages).
side of the accused
The accused claimed in his petition that praising someone for his physical appearance cannot be sexual harassment. He also said that the application of Sections 354A and 509 of the IPC and Section 120 (O) of the Kerala Police Act in this case is not appropriate.
Prosecution and Court Decision
The prosecution argued that the accused’s messages and calls contained indecent comments aimed at harassing the woman and hurting her dignity. He also mentioned that while working at KSEB, the accused had called the woman ‘fine’ after seeing her physical appearance.
The court agreed with the prosecution’s arguments and said that prima facie the case was suitable for the offense under sections 354A and 509 of the IPC and section 120 (O) of the Kerala Police Act. The court, in its order on January 6, while dismissing the petition, made it clear that such comments are against the dignity and respect of women and would be punishable under sexual harassment.