The Kerala High Court has affirmed that making sexually suggestive comments about a woman’s body, including calling it “fine,” amounts to sexual harassment.

Justice A. Badharudeen dismissed a plea by the accused to quash criminal proceedings against him, affirming that his actions fell within the scope of sexual harassment under Sections 354A(1)(iv) and 509 of the Indian Penal Code (IPC) and Section 120(o) of the Kerala Police Act.

The case dates back to 2017, when the accused, a former employee of the Kerala State Electricity Board Ltd. (KSEB), allegedly made multiple sexually coloured remarks and sent inappropriate messages to the complainant, a Senior Assistant at KSEB. On March 31, 2017, during work hours, the accused reportedly commented on the woman’s body with sexual intent. Following this, the complainant faced repeated harassment through unsolicited and suggestive messages sent by the accused on her mobile phone on June 15, 17, and 20, 2017.

The complainant also claimed that the accused had been misbehaving with her since 2013, and despite multiple complaints made to KSEB authorities and the police, the harassment persisted.

The accused’s legal counsel contended that the allegations did not meet the criteria for offences under Section 354A(1)(iv) and Section 509 of the IPC or Section 120(o) of the Kerala Police Act, arguing that references to someone’s body structure should not be deemed sexually coloured remarks. However, the court rejected this argument, emphasizing that making such remarks constitutes sexual harassment under the law.

The court carefully examined the allegations and clarified that any man making sexually suggestive comments towards a woman is guilty of sexual harassment. The court found that the accused's conduct, particularly his repeated and unwelcome communication, constituted a violation of Section 120(o) of the Kerala Police Act, which deals with nuisance caused by unwanted communication.

In conclusion, the court ruled that there was sufficient prima facie evidence to proceed with the case and dismissed the petition to quash the proceedings. It directed the jurisdictional magistrate to continue with the legal process, sending a clear message that acts of sexual harassment, including verbal and digital misconduct, will not be tolerated, and the legal system is committed to holding perpetrators accountable.