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Kerala High Court Photo: PTI Kerala High Court Photo: PTI

The Kerala High Court on Wednesday observed that any comment concerning a woman's 'body structure' amounts to a sexually coloured remark which would constitute penal offence of sexual harassment.

The court ruling came when Justice A Badharudeen dismissed a former Kerala State Electricity Board (KSEB) employee's plea to quash the sexual harassment case against him filed by a woman staffer.

"That was a difficult match, we got our chances but could not convert them, that's it. Then you can see it in the scoreline. It's a matter of homework," India's long-time goalkeeper Sreejesh said after the close defeat.

According to PTI, the woman accused the man of using vulgar language against her from 2013 onwards. Since 2016, the extent of harassment allegedly went up to sending objectionable messages and voice calls.

Despite complaints against him to the KSEB and the police, he continued sending her objectionable messages, she had claimed.

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About the case

Based on the woman's complaints, the accused was booked for the offences under sections 354A (sexual harassment) and 509 (insulting modesty of a woman) of the IPC and section 120(o) (causing nuisance through any means of communication by undesirable call, letter, writing, message) of the Kerala Police Act.

While Section 354A states that making sexually coloured remarks would constitute sexual harassment, Section 509 provision clearly highlights acts intended to insult the modesty of a woman. Section 120 of the Kerala Police Act stipulates the penalty for causing nuisance and violation of public order.

The woman complained that while working at the electrical section, the accused made sexually coloured remarks and overtures by commenting that her "body structure was fine".

Seeking a dismissal of the case against him, the accused employee claimed that mere reference that a person has a nice body structure could not be attributed to sexually coloured remarks within the ambit of section 354A and 509 of the IPC and section 120(o) of the Kerala Police Act.

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However, the prosecution and the woman, on the other hand, maintained that the calls and messages of the accused included sexually coloured remarks intended to harass her and outrage her modesty.

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Agreeing with the prosecution's contentions, the Kerala High Court on Wednesday ruled that prima faciewow888, the ingredients to attract the offences under sections 354A and 509 of IPC and section 120 (o) of the Kerala Police Act "are made out".

“Thus when utterance of any word, makes any sound or gesture, or exhibits any object, with an intention to insult the modesty of a woman or to intrude upon the privacy of a woman, the said overt acts would attract offence under Section 509 of IPC. On analysing the prosecution allegations, the ingredients to attract offence under Section 509 of IPC are made out, prima facie", the court said.

"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. In the result, this Criminal Miscellaneous Case stands dismissed. Interim order, already granted, shall stand vacated," the court said in its January 6 order.

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