KOCHI: Kerala HC has ruled that comments about a woman’s “fine body structure” can constitute a sexually coloured remark, thus falling within the scope of sexual harassment. Justice A Badharudeen made observation while dismissing recently a petition filed by a Kerala State Electricity Board employee, who sought to quash a case against him for allegedly making sexual overtures towards a colleague.
The court said any utterance of words, sounds, gestures, or exhibition of objects intended to insult a woman’s modesty or intrude upon her privacy amounts to an offence under Section 509 of IPC. The offence is punishable with simple imprisonment for up to three years and a fine.
The case dates back to 2017 when the petitioner allegedly made the remark. It was also claimed that petitioner had been harassing the complainant since 2013 by making frequent voice calls and sending suggestive messages. The complainant filed a police complaint due to the persistent annoyance.
During the hearing, the petitioner argued that referring to someone as having a “fine body structure” could not be considered a sexually coloured remark under the ambit of sexual harassment.
Justice Badharudeen rejected his contention. The court affirmed prosecution’s stand, ensuring that the case against petitioner would proceed.
