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Thiruvananthapuram: Women are often harassed on public roads, there have been several complaints of objectionable comments being made about women. In such a situation, the Kerala High Court has given an eye-opening decision for such people of the society. Kerala High Court has said in a case that a man commenting on a woman’s body and saying ‘okay’ is prima facie sexual harassment. Along with this, the High Court also rejected the demand of quashing the complaint of the accused. This decision is being considered as making a law against those who molest girls and women on public roads or make lewd comments.
Kerala High Court Justice A. Badruddin heard the case. The woman had alleged that the accused had been using abusive language against her since 2013. Later in the year 2016-17, he started sending objectionable messages and voice calls. Although I reported this matter to the police, he continued to harass me like this. In this case, based on the complaint of the woman, the police registered a case against the accused under IPC sections 254A (sexual harassment), 509 (outraging the modesty of a woman) and section 120(S) (harassment) of the Kerala Police Act. Is. The complaint was filed under sections like letter, writing, sending message to someone and using any other means of communication etc.
Opposing all these allegations, an application was filed on behalf of the accused in the Kerala High Court, in which he demanded cancellation of the complaint. Opposing the plea, the woman and the government lawyer argued that the victim was working at Keseb while the accused saw her body and said it was fine. When the accused argued that if a person’s body is beautiful then comments about it do not amount to sexual harassment.
After hearing the arguments of both, the High Court rejected the demand of quashing the complaint of the accused. They were also made aware about the law.
High Court judge Badruddin said that speaking any word, making gesture or using any such sound with the intention of insulting the dignity of a woman is considered a crime under section 509 of the IPC. According to Section 354A, when a man intentionally makes sexually obscene remarks about women, it is considered a crime of sexual harassment. Kerala High Court also explained in its decision what kind of acts are considered crimes. Besides, the lower court also refused to stay the criminal proceedings against the accused.
This is an offense under section 354A of IPC
, Physical contact by a man against a woman, an attempt to take advantage of her against her will
, demanding sexual intercourse against a woman’s wishes
, Making sexually suggestive comments is considered sexual harassment.
, If found guilty of all or any one of these three offences, he shall be punishable with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.