Kerala High Court: Commenting on a Woman’s Body Structure is Sexual Harassment
The Kerala High Court has ruled that remarks about a woman’s body structure can be considered sexual harassment and an insult to her modesty under the Indian Penal Code (IPC).
Justice A Badharudeen made the observation while hearing a petition filed by R Ramachandran Nair, a sub-engineer at the Kerala State Electricity Board. He was accused of telling a female colleague that her “body structure was fine” and later sending her sexually suggestive messages.
The complainant, employed as a Senior Assistant at the Board, alleged repeated harassment through inappropriate comments, phone calls, and messages, despite several complaints to her superiors.
A First Information Report (FIR) was registered against Nair under:
- Section 354A(1)(iv) IPC (sexually coloured remarks)
- Section 509 IPC (insulting the modesty of a woman)
- Section 120 of the Kerala Police Act, 2011 (nuisance and violation of public order)
The accused argued that calling someone’s body structure “fine” cannot be treated as a sexually coloured remark. However, the Court disagreed, stating that such comments, along with the pattern of harassment, prima facie attract the offences alleged.
The High Court refused to quash the proceedings, ruling that the allegations clearly pointed to sexual harassment under the IPC and the Kerala Police Act.
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