Kerala High Court Sets Precedent: Body Shaming is S*xual Harassment

In a significant ruling, the Kerala High Court has established that making remarks about a woman's body shape and structure constitutes sexual harassment. This judgment emphasizes that any comments that carry a gender-based connotation, particularly those focusing on a woman's physical form, are seen as acts of sexual harassment. The case, which came before Justice A. Badruddin, involved an individual seeking to have criminal charges against him dismissed. These charges were related to allegations of sexual harassment, violating sections 354A(1)(iv) and 509 of the Indian Penal Code (IPC), alongside section 120(o) of the Kerala Police Act (KP Act).

The incident leading to these charges occurred in 2017, with the accused, a former Kerala State Electricity Board Limited (KSEB) employee, allegedly making inappropriate comments and sending unwelcome messages to a female colleague. The victim, a senior assistant at KSEB, reported that on March 31, 2017, the accused made sexually suggestive remarks about her body while at work. She further recounted additional incidents on June 15, 17, and 20, 2017, during which the accused sent her objectionable messages. The complainant highlighted that this was not an isolated incident, stating that the accused's inappropriate behavior dates back to 2013, with multiple complaints having been filed against him to both KSEB officials and the police. Despite these complaints, it was alleged that the accused continued his harassment.

The defense for the accused argued that the comments made did not amount to sexual harassment as defined under the relevant sections of the IPC and KP Act. They contended that remarks on someone's body structure should not be considered sexually suggestive. However, the court found these arguments unpersuasive. In its judgment, the court declared, "Any person making sexually colored remarks towards a woman is guilty of committing the crime of sexual harassment." This statement underscores the court's stance against the trivialization of comments on a woman's body as harmless or inconsequential.

Further scrutinizing the allegations, the court found the remarks and messages sent by the accused to fall squarely under the purview of sexual harassment as outlined in section 354A(1)(iv) of the IPC. The repeated messages were also deemed to constitute an offense under section 120(o) of the KP Act. By categorizing these actions as criminal, the court highlighted the severity of such conduct and its potential penalties.

In conclusion, based on the evidence presented by the prosecution, the court deemed the allegations against the accused sufficient to warrant a trial. Thus, the petition to quash the criminal proceedings was denied, and the court ordered the continuation of the case under the guidance of a competent magistrate. This ruling is a clear message against sexual harassment, reinforcing the legal protections available to women facing such conduct in the workplace.