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Synopsis

The Kerala High Court has ruled that commenting on a woman’s body structure with sexually coloured remarks, calling it ‘fine’ amounts to sexual harassment.

The court, presided over by Justice A. Badharudeen, dismissed a plea seeking to quash criminal proceedings against a man, accused of sexual harassment under Sections 354A(1)(iv) and 509 of the Indian Penal Code (IPC) and Section 120(o) of the Kerala Police Act (KP Act), finding prima facie evidence supporting the prosecution's allegations.

The case originated from incidents in 2017 when the accused, a former employee of the Kerala State Electricity Board Ltd. (KSEB), allegedly made sexually coloured remarks about the complainant's body and sent inappropriate messages to her. The defacto complainant, a Senior Assistant at KSEB, alleged that on March 31, 2017, during work hours, the accused commented on her body structure with sexual intent. Further incidents occurred on June 15, 17, and 20, 2017, when the accused reportedly sent inappropriate messages to her mobile phone. The complainant alleged that the accused’s misconduct was persistent, with complaints about his behaviour dating back to 2013. Despite multiple complaints filed with KSEB authorities and the police, the accused allegedly continued his harassment.

The accused petitioner’s counsel argued that the allegations did not constitute the offences under Sections 354A(1)(iv), 509 IPC, or Section 120(o) of the KP Act. claiming that mere references to someone's body structure could not be categorized as sexually coloured remarks.

The court analysed the allegations against the accused and stated: “any man making sexually coloured remarks to a woman is guilty of the offence of sexual harassment.

Disagreeing with the contentions of the accused, the court emphasised that sexually coloured remarks, as alleged in this case, clearly fall under Section 354A(1)(iv) of the IPC. Similarly, the petitioner’s repeated messages constituted an offence under Section 120(o) of the KP Act, which penalizes nuisance through undesirable communication.

The court observed that, based on the prosecution materials, the petitioner’s actions were prima facie sufficient to proceed with the case. Conclusively, the court dismissed the petition seeking quashment of criminal proceedings against the accused and directed the jurisdictional magistrate to proceed with the case.

 

Cause Title: R. Ramachandran Nair v State of Kerala [CRL.MC NO. 4729 OF 2021]