India

Commenting on Woman’s Body is Harassment: Kerala HC

Court rejects plea to dismiss case, emphasizes intent to harm dignity.

The Kerala High Court has ruled that making comments about a woman’s figure amounts to sexual harassment. Justice A. Badrudeen dismissed a petition by a former Kerala State Electricity Board (KSEB) employee, who sought the quashing of a sexual harassment case filed against him by a female colleague.

Background of the Case

The woman alleged that the accused had been using inappropriate language toward her since 2013 and started sending objectionable messages and voice calls in 2016-17. Despite complaints lodged with KSEB and the police, the man allegedly continued sending offensive messages.

In his defense, the accused argued in court that merely commenting on the woman’s figure should not be considered sexual harassment, and the case against him should be dropped. The court rejected his plea, stating that his actions were aimed at harassing the woman and tarnishing her dignity.

Similar Case in Mumbai

In 2023, a Mumbai sessions court denied bail to two employees of a real estate company who were accused of commenting on a female colleague’s figure. The court ruled that remarks on a woman’s appearance and her body maintenance fall under sexual harassment. The victim, who worked as a front office executive, had reportedly been harassed by a 42-year-old assistant manager and a 30-year-old sales manager.

Widespread Issue of Workplace Harassment

Sexual harassment remains a persistent issue in workplaces. Women across the country frequently face inappropriate behavior, whether in public spaces, on transport, or at work. A report by the Ministry of Women and Child Development revealed that nearly 50% of working women in India experience sexual harassment at least once during their careers.

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