The Kerala Excessive Courtroom has held {that a} touch upon a lady’s “physique construction” is a sexually colored comment which might represent penal offence of sexual harassment.
The ruling by Justice A Badharudeen got here whereas dismissing a former Kerala State Electrical energy Board (KSEB) worker’s plea to quash the sexual harassment case in opposition to him filed by a lady staffer of the identical organisation.
The girl had alleged that the accused used vulgar language in opposition to her from 2013 onwards after which in 2016-17 started sending objectionable messages and voice calls.
Regardless of complaints in opposition to him to the KSEB and the police, he continued sending her objectionable messages, she had claimed.
Following her complaints, the accused was booked for the offences underneath sections 354A (sexual harassment) and 509 (insulting modesty of a lady) of the IPC and part 120(o) (inflicting nuisance via any technique of communication by undesirable name, letter, writing, message) of the Kerala Police Act.
In search of to quash the case, the accused claimed that mere reference that an individual has a pleasant physique construction couldn’t be attributed to sexually colored remarks throughout the ambit of part 354A and 509 of the IPC and part 120(o) of the Kerala Police Act.
The prosecution and the girl, however, contended that the calls and messages of the accused carried sexually colored remarks meant to harass her and outrage her modesty.
Agreeing with the prosecution’s contentions, the Kerala Excessive Courtroom court docket stated that prima facie, the elements to draw the offences underneath sections 354A and 509 of IPC and part 120 (o) of the Kerala Police Act “are made out”.
“Having observed the info of the case, it’s discernible that the prosecution case is particularly made out, prima facie, to draw the offences alleged to be dedicated. Within the end result, this Legal Miscellaneous Case stands dismissed. Interim order, already granted, shall stand vacated,” the court docket stated in its January 6 order.
Uncover the Advantages of Our Subscription!
Keep knowledgeable with entry to our award-winning journalism.
Keep away from misinformation with trusted, correct reporting.
Make smarter choices with insights that matter.
Select your subscription package deal
