Calling A Woman's Body Structure "Fine" Prima Facie Sexual Harassment: Kerala High Court Refuses To Quash FIR
Trending News
1 day ago

Calling A Woman's Body Structure "Fine" Prima Facie Sexual Harassment: Kerala High Court Refuses To Quash FIR

Live Law  

The Kerala High Court on Monday observed that a man making comments about a woman's body structure calling it “fine” prima facie amounts to a sexually coloured remark. Justice A Badharudeen thus refused to quash the criminal proceedings initiated against the Petitioner for offences including Section 354A, 509 of the Indian Penal Code and Section 120 of the Kerala Police Act, 2011. While Section 354A states that making sexually coloured remarks would constitute sexual harassment, Section 509 provision talks about acts intended to insult the modesty of a woman. At this, the Court rejected the petitioner's argument and held: “Having noticed the facts of the case, it is discernible that the prosecution case is specifically made out, prima facie, to attract the offences alleged to be committed.” Also, with respect to Section 120 of the Act, the Court observed that any act of causing inconvenience or annoyance through any means of communication by repeated or undesirable or anonymous call, letter, writing, message, e-mail or through a messenger, would constitute an offence under this Act.

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History of this topic

Commenting on woman’s ‘body structure’ amounts to sexual harassment: Kerala High Court
Top News
22 hours, 33 minutes ago

Commenting on woman’s ‘body structure’ amounts to sexual harassment: Kerala High Court

The Hindu  

The Kerala High Court has held that a comment on a woman's "body structure" is a sexually coloured remark which would constitute penal offence of sexual harassment. The ruling by Justice A. Badharudeen came while dismissing a former Kerala State Electricity Board employee's plea to quash the sexual harassment case against him filed by a woman staffer of the same …

Comment on woman's body shape also sexual harassment rules Kerala High Court
Trending News
1 day, 7 hours ago

Comment on woman's body shape also sexual harassment rules Kerala High Court

India Today  

The 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 …

Commenting on woman's body structure amounts to sexual harassment: High Court
1 day, 7 hours ago

Commenting on woman's body structure amounts to sexual harassment: High Court

India Today  

The Kerala High Court has held that a comment on a woman's "body structure" is a sexually coloured remark which would constitute penal offence of sexual harassment. The ruling by Justice A Badharudeen came while dismissing a former Kerala State Electricity Board employee's plea to quash the sexual harassment case against him filed by a woman staffer of the same …

Modesty Of Woman Is Outraged When Action Of Offender Could Be Perceived As Being Capable Of Shocking Her Sense Of Decency: Kerala High Court
1 month ago

Modesty Of Woman Is Outraged When Action Of Offender Could Be Perceived As Being Capable Of Shocking Her Sense Of Decency: Kerala High Court

Live Law  

The Kerala High Court has held that an offence of outraging the modesty of a woman under Section 354 of the IPC is attracted when the offender's action is such that it would be perceived as capable of shocking a woman's sense of decency. The Court referred to the decision in to Vijayan v. State of Kerala and held thus: …

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court
1 month, 2 weeks ago

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court

Live Law  

The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. "Admittedly, in this case, a complaint is filed before the Chief Minister and before the Director of Pariyaram Medical College, where the 1st …

High Court Issues Notice on Plea for Early Hearing in Sexual Harassment Case Against Brij Bhushan Singh
2 months, 3 weeks ago

High Court Issues Notice on Plea for Early Hearing in Sexual Harassment Case Against Brij Bhushan Singh

Live Law  

The Delhi High Court has issued notice on an application filed by BJP leader Brij Bhushan Singh seeking early hearing in his petition for quashing of the FIR, chargesheet as well as framing of charges against him in the sexual harassment case filed by women wrestlers. Singh has challenged the FIR, chargesheet as well as all the trial court proceedings …

Accusations of sexual exploitation against police officers put Kerala govt on the defensive
4 months ago

Accusations of sexual exploitation against police officers put Kerala govt on the defensive

The Hindu  

The Kerala government appeared to have found itself on the defensive on Friday after a woman accused at least three police officers who served in Malappuram in 2022 of sexually exploiting her. On Thursday, the government suspended Mr. Das from service pending a detailed enquiry after a preliminary police probe into Mr. Anvar’s accusations disfavoured the officer. ‘Charges false and …

BJP functionary booked for harassing female hotel manager
5 months, 3 weeks ago

BJP functionary booked for harassing female hotel manager

The Hindu  

The Coimbatore District Police have registered a case against a local functionary of the BJP on charges of harassing a female manager of a bar at Karumathampatti. The police said the case was registered against Ashok Kumar, who was a functionary of BJP’s government liaison wing, based on the complaint of the woman. According to the police, the woman works …

'Sexual Gestures' Of Accused Must Be Discernible From FIR, Final Report Or Other Material: Kerala High Court
5 months, 4 weeks ago

'Sexual Gestures' Of Accused Must Be Discernible From FIR, Final Report Or Other Material: Kerala High Court

Live Law  

The Kerala High Court has quashed the proceedings initiated against a man for allegedly making 'sexual gestures' degrading women's dignity, since disclosure of sexual gestures or acts was not discernible from the FIR, Final Report or other materials. It said, “If the sexual gestures or acts performed by the accused could not be discernible from the FIR, Final Report or …

Patient's Vulnerability Can't Be Used As A Weapon To Sexually Exploit Them: Karnataka High Court Declines Relief To Doctor Accused Of Sexual Harassment
6 months, 3 weeks ago

Patient's Vulnerability Can't Be Used As A Weapon To Sexually Exploit Them: Karnataka High Court Declines Relief To Doctor Accused Of Sexual Harassment

Live Law  

The Karnataka High Court has dismissed a petition filed by a doctor seeking to quash an offence registered against him under Section 354-A on the complaint lodged by a patient. If any act of the kind emerges even as an allegation, the relationship of trust between the doctor and a patient gets eroded.” It was stated that the complainant, on …

Use of force to outrage modesty: Delhi Court charges BJP MP Brij Bhushan Singh for sexual harassment of female wrestlers
7 months, 4 weeks ago

Use of force to outrage modesty: Delhi Court charges BJP MP Brij Bhushan Singh for sexual harassment of female wrestlers

Live Mint  

Delhi's Rouse Avenue court ordered the 'framing of charges' against former Wrestling Federation of India chief and BJP MP Brij Bhushan Sharan Singh on Friday in the sexual harassment case lodged against him by six women wrestlers. Additional Chief Metropolitan Magistrate Priyanka Rajpoot, while ordering charges against the former WFI chief, said that there is sufficient material against Brij Bhushan …

POSH Act | Complaint Not Served On Respondent, Witnesses Examined In His Absence: Kerala High Court Says ICC Must Observe Natural Justice
9 months, 2 weeks ago

POSH Act | Complaint Not Served On Respondent, Witnesses Examined In His Absence: Kerala High Court Says ICC Must Observe Natural Justice

Live Law  

The Kerala High Court recently quashed an inquiry report issued under the Sexual Harassment of Women at Workplace Act and rules made thereunder against an Assistant Engineer who was working in the Kerala State Electricity Board, citing violation of principles of natural justice. Quashing the inquiry report, Justice Basant Balaji stated thus: “The entire proceedings shall be completed in accordance …

Calcutta High Court: Calling an unknown woman 'darling' is sexual harassment
10 months ago

Calcutta High Court: Calling an unknown woman 'darling' is sexual harassment

Op India  

The Calcutta High Court recently held that calling an unknown woman ‘darling’ is offensive and sexual harassment. Responding to the argument, Judge Sengupta stressed, “If this was done in a sober state, the gravity of the offence would perhaps be even more.” The court highlighted that the prevailing standards in our society are not such that a man on the …

Kerala Court Convicts Man For Making More Than 300 Phone Calls To Police Station To Harass Woman Police Officer
1 year, 5 months ago

Kerala Court Convicts Man For Making More Than 300 Phone Calls To Police Station To Harass Woman Police Officer

Live Law  

A Kerala Court recently convicted a man for making more than 300 phone calls to the official phone of Vanitha police station, Kochi city, in order to harass a woman Civil Police Officer.The Additional Chief Judicial Magistrate, Ernakulam, Sajini B.S. A Kerala Court recently convicted a man for making more than 300 phone calls to the official phone of Vanitha …

Victim Can Invoke PoSH Act When Sexually Harassed By Man Working In Department Other Than Her Own: Delhi High Court
1 year, 6 months ago

Victim Can Invoke PoSH Act When Sexually Harassed By Man Working In Department Other Than Her Own: Delhi High Court

Live Law  

The Delhi High Court has ruled that the scope of Sexual Harassment of Women at Workplace Act, 2013 or PoSH Act is not limited to cases where a woman employee is sexually harassed by another employee working in her own office or department but also extends to cases where the delinquent employee is employed elsewhere.Analyzing the statute and its. The …

Mentioning Looks Of A Person Without Reference To Dress Or Any Body Part Not ‘Sexually Coloured Remark’: Delhi Court
1 year, 10 months ago

Mentioning Looks Of A Person Without Reference To Dress Or Any Body Part Not ‘Sexually Coloured Remark’: Delhi Court

Live Law  

Mentioning looks and gait of a person without any specific reference to the dress or any body part of a person would not be considered as sexually coloured remark, a Delhi Court has observed.Additional Sessions Judge Rajinder Singh of Patiala House Courts made the observation while dismissing a woman’s plea against discharge of a man under section 509 of Indian …

Judge dismisses woman’s sexual assault complaint as she wore ‘provocative clothes’
2 years, 4 months ago

Judge dismisses woman’s sexual assault complaint as she wore ‘provocative clothes’

The Independent  

Sign up for the Independent Women email for the latest news, opinion and features Get the Independent Women email for free Get the Independent Women email for free SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A judge in southern India has sparked outrage by appearing to dismiss …

Kerala court says sexual harassment invalid if woman wears provocative dress: When rulings let down women
2 years, 4 months ago

Kerala court says sexual harassment invalid if woman wears provocative dress: When rulings let down women

Firstpost  

From observation on marital rapes to what constitutes aggravated sexual assault under the POCSO Act, courts across India have made statements that have angered women and child right activists as well as people on social media. Here are a few such instances when rulings fell short of expectations Kozhikode sessions court in Kerala on Wednesday granted bail to author and …

Kerala court cites provocative dress to grant bail in sexual harassment case
2 years, 4 months ago

Kerala court cites provocative dress to grant bail in sexual harassment case

Hindustan Times  

A sessions court in Kerala’s Kozhikode has granted anticipatory bail to writer Civic Chandran, 74, in a sexual harassment case saying the charges against him under the Indian Penal Code’s Section 354A will not prima facie stand if the complainant was wearing a provocative dress. It cited the photographs that Chandran produced with his bail plea and said they showed …

Kerala court grants bail to Civic Chandran, says sexual assault won't stand when woman wears sexually provocative dress
2 years, 4 months ago

Kerala court grants bail to Civic Chandran, says sexual assault won't stand when woman wears sexually provocative dress

Firstpost  

The Kozhikode Sessions Court expressed disbelief that 74-year-old physically disabled Civic Chandran, accused in the case, could forcefully put the complainant in his lap and press her breasts Thiruvananthapuram: Kozhikode Sessions Court on Wednesday observed that sexual harassment will not prima facie stand when the woman was wearing “sexually provocative dress”, as it granted bail to author and social activist …

Kerala Court says sexual harassment case does not hold if complainant is wearing sexually provocative dress
2 years, 4 months ago

Kerala Court says sexual harassment case does not hold if complainant is wearing sexually provocative dress

Op India  

The Sessions Court in Kozhikode district of Kerala on August 12 granted anticipatory bail to an activist accused in the second sexual harassment case against him citing that the case will not prima facie stand when the complainant was wearing a ‘sexually provocative dress.’ Early this month, the court granted anticipatory bail in the first case against writer and activist …

Fallacious sexual harassment allegations harm women empowerment, says Delhi HC
2 years, 11 months ago

Fallacious sexual harassment allegations harm women empowerment, says Delhi HC

India Today  

While setting aside an FIR registered by Delhi Police under Sections 354A and 506 of the Indian Penal Code against an assistant professor of Delhi University, the Delhi High Court said this merely trivialises the offence of sexual harassment and casts doubt on the veracity of the allegations filed by every other victim who has, in reality, faced sexual harassment. …

Examining A Sexual Harassment Complaint
3 years, 3 months ago

Examining A Sexual Harassment Complaint

Live Law  

The foundation of freedom, justice and peace in the world roots from the recognition of inherent dignity and of the equal and inalienable rights of all the members of the human family. showing pornography; or v. any other unwelcome physical, verbal or non-verbal conduct of sexual nature; This progressive POSH Act, provides for protection and redressal of complaints of sexual …

Sexual harassment case: Charge sheet served to Special DGP, SP
3 years, 4 months ago

Sexual harassment case: Charge sheet served to Special DGP, SP

The Hindu  

The Chief Judicial Magistrate Court in Villupuram on Monday served copies of the charge sheet to Special Director General of Police Rajesh Das in connection with the case pertaining to the sexual harassment of a woman Superintendent of Police in February this year. The court also served the copies to Superintendent of Police D. Kannan on charge of waylaying the …

'Penile Accessing' Sufficient To Constitute Rape: Kerala High Court Expands Scope Of Definition Of Rape Under IPC
3 years, 5 months ago

'Penile Accessing' Sufficient To Constitute Rape: Kerala High Court Expands Scope Of Definition Of Rape Under IPC

Live Law  

The Kerala High Court on Monday held that when the body of the victim is manipulated to simulate a sensation akin to penetration of an orifice, the offence of rape is attracted.A Division Bench of Justice K. Vinod Chandran and Justice Ziyad Rahman A.A observed as such: ".we have no doubt in our mind that when the body of the …

Non-Constitution Of Internal Committee Under POSH Act In Violation Of Mandate Under Indian Laws; Delhi Court Punishes Srilankan Airlines
4 years ago

Non-Constitution Of Internal Committee Under POSH Act In Violation Of Mandate Under Indian Laws; Delhi Court Punishes Srilankan Airlines

Live Law  

A Delhi court recently convicted SriLankan Airlines, holding them in violation of the Sexual Harassment at Workplace Act, 2013.Dev Saroha, Metropolitan Magistrate, Patiala House Courts, Delhi, while answering the question of whether the Company had an internal committee as mandated under section 4 of the Act, functioning in Delhi division or in India. Dev Saroha, Metropolitan Magistrate, Patiala House Courts, …

Mere Discrimination On Ground Of 'Sex' Without Sexual Undertones Not 'Sexual Harassment' Under POSH Act: Kerala High Court
4 years, 1 month ago

Mere Discrimination On Ground Of 'Sex' Without Sexual Undertones Not 'Sexual Harassment' Under POSH Act: Kerala High Court

Live Law  

The Kerala High Court has held that the Sexual Harassment of Women at Workplace Act, 2013, does not contemplate a situation of discrimination on the basis of sex if there is no express or implied sexual advance, sexual undertone or unwelcome behaviour which has a sexual tone behind it The court observed that any form of sexual approach or behaviour …

Breaking: Controversial Section 118A Of Kerala Police Act Will Not Be Implemented: CM Pinarayi Vijayan
4 years, 1 month ago

Breaking: Controversial Section 118A Of Kerala Police Act Will Not Be Implemented: CM Pinarayi Vijayan

Live Law  

The Chief Minister of Kerala, Pinarayi Vijayan, has announced that his Government will not implement the controversial provision— Section 118A of Kerala Police Act, 2011 in its present form. Delete Controversial Section 118A of Kerala Police Act Will Not Be Implemented: @CMOKerala @vijayanpinarayi— Live Law November 23, 2020 The Minister clarified that. Delete Controversial Section 118A of Kerala Police Act …

Fixing A Flawed Interpretation Of "Consent" For Sexual Offences In India
4 years, 3 months ago

Fixing A Flawed Interpretation Of "Consent" For Sexual Offences In India

Live Law  

A Kerala High Court judgement in June 2020 defined consent to construe an elevated standard of affirmative consent. Explanation 2 appended to section 375 of the Indian Penal Code defines consent as "an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act". In …

Kerala HC Issues Guidelines For Maintaining Rape Victim Anonymity In Cases Filed Before It [Read Order]
4 years, 3 months ago

Kerala HC Issues Guidelines For Maintaining Rape Victim Anonymity In Cases Filed Before It [Read Order]

Live Law  

The Kerala High Court has issued some future guidelines for maintaining rape victim's anonymity in the matters instituted before it.Justice PB Suresh Kumar, while considering a petition arising out of a bail order passed by POCSO Court, observed that in several matters instituted before the High Court the identity of the victim is disclosed directly or indirectly. The Kerala High …

Court orders Kerala Police to probe sexual harassment charges against ACP
5 years, 1 month ago

Court orders Kerala Police to probe sexual harassment charges against ACP

India Today  

A local court in Palakkad has directed the police to register initiate probe against Mattanchery ACP S Suresh after he was accused of sexual harassment. The complainant, who is linked to Kerala’s film industry, told police that the incident dates back to July 9, 2016, when he visited her residence at night. She said after the state police didn’t act …

Sexual harassment allegation against CJI Ranjan Gogoi: Ex-SC staffer's plea for representation holds no water; in-house panel not same as formal inquiry
5 years, 8 months ago

Sexual harassment allegation against CJI Ranjan Gogoi: Ex-SC staffer's plea for representation holds no water; in-house panel not same as formal inquiry

Firstpost  

On Tuesday, the former apex court employee who accused Chief Justice of India Ranjan Gogoi of sexual harassment decided to withdraw from the proceedings of the in-house committee. “Report of the Committee on in-house procedure” provides rules for conducting inquiry into allegations against a judge of the high court, a Chief Justice of a High Court, or a Supreme Court …

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