The Kerala High Court has mentioned that commenting on a woman’s bodily structure is a sexually motivated remark, which might quantity to a punishable offense underneath sexual harassment. Justice A. Badruddin gave this choice whereas rejecting the petition of a former worker of Kerala State Electricity Board (KSEB) on this regard. In the petition, the accused had requested to quash the sexual harassment case filed in opposition to him by a feminine worker of the identical group.
The lady had alleged that the accused had been utilizing abusive language in opposition to her since 2013 after which in 2016-17, he began sending objectionable messages and voice calls. She had claimed that regardless of complaining to KSEB and police, he continued sending her objectionable messages.
Following her complaints, the accused was booked underneath sections 354A (sexual harassment) and 509 (outraging the modesty of lady) of the Indian Penal Code (IPC) and part 120 (O) of the Kerala Police Act (undesirable calls, letters, writings, messages). A case was registered underneath IPC (harassing utilizing any technique of communication).
Seeking quashing of the case, the accused claimed that commenting on somebody’s stunning bodily physique doesn’t quantity to sexually coloured remarks underneath sections 354A, 509 of the IPC and part 120 (O) of the Kerala Police Act. Can be thought-about.
At the identical time, the prosecution and the lady argued that the telephone calls and messages of the accused contained indecent feedback, the aim of which was to harass the sufferer and harm her dignity. Agreeing with the prosecution’s arguments, the Kerala High Court, in its order dated January 6, mentioned that prima facie, there seem like appropriate elements for an offense underneath sections 354A and 509 of the Indian Penal Code and part 120 (O) of the Kerala Police Act.
The High Court mentioned that Section 354A states that making sexually primarily based feedback quantities to sexual harassment, whereas Section 509 offers with acts meant to insult the dignity of a lady and Section 120 of the Kerala Police Act offers with nuisance and public order. There is a provision for punishment for violation.
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