The Kerala High Court recently ruled that commenting on a woman’s body structure, such as calling it “fine,” constitutes sexual harassment. In the case of R Ramachandran Nair v. State of Kerala & Ors., the court considered the remark as an insult to a woman’s modesty, which is punishable under Indian law.
The incident involved a woman working as a Senior Assistant at the Kerala State Electricity Board who filed a complaint against a sub-engineer. The accused made inappropriate comments about her body and sent sexually suggestive messages to her. In one instance, he specifically commented that her “body structure was fine.”
Justice A Badharudeen stated that remarks like these amount to sexual harassment and violate the woman’s modesty. These actions fall under Sections 354A and 509 of the Indian Penal Code (IPC), which deal with sexually colored remarks and insulting a woman’s modesty. The accused also faced charges under Section 120 of the Kerala Police Act.
Despite the accused’s attempt to quash the proceedings, the High Court rejected his plea, emphasizing that the pattern of behavior, including both public insults and private messages, showed clear evidence of sexual harassment.
This ruling sets a clear precedent that inappropriate comments about a woman’s body, even seemingly innocent ones, can legally be considered sexual harassment. The court’s decision highlights the importance of maintaining respectful boundaries and protecting women’s dignity in all contexts.
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