Comment on woman's body shape also sexual harassment rules Kerala High Court
India TodayThe Kerala High Court has ruled that a comment on a woman’s “body structure” qualifies as a sexually coloured remark and constitutes the penal offence of sexual harassment. Justice A Badharudeen delivered the judgment while rejecting a plea by a former Kerala State Electricity Board employee to quash a sexual harassment case filed against him by a woman colleague. Seeking to quash the charges, the accused argued that a mere comment about a person’s “nice body structure” could not be construed as a sexually coloured remark under the relevant sections of the IPC and the Kerala Police Act. Agreeing with the prosecution’s arguments, the court held that the allegations, prima facie, satisfied the requirements for the offences under sections 354A and 509 of the IPC and section 120 of the Kerala Police Act.