Kerala HC: Woman Cannot Be Charged With Sexual Harassment Under IPC Section 354A

In a significant ruling, the Kerala High Court has observed that a woman cannot be charged with sexual harassment under Section 354A of the Indian Penal Code (IPC), even if the harassment is alleged to have been directed at another woman. This observation was made by Justice A. Badharudeen while partially dismissing criminal proceedings initiated by a woman against her in-laws in a case of marital cruelty.

Court’s Interpretation of IPC Section 354A

The case involved serious allegations, including a claim that the complainant was sexually harassed by her sister-in-law. However, the High Court clarified that Section 354A of the IPC, which specifically deals with sexual harassment, is applicable only to men. The Court highlighted that the statute uses the term “a man” deliberately, indicating that the law does not extend to actions by women.

Justice Badharudeen noted, “To attract an offense under Section 354A of IPC, the actions described in subsections (1), (2), and (3) must be committed by ‘a man.’ The legislature’s intentional use of ‘a man’ rather than ‘any person’ indicates a clear intent to exclude women from the purview of this section.”

Background of the Case

The case in question revolved around a complaint of marital cruelty, where the woman alleged mistreatment by her husband, his parents, and his sister. The complainant accused her in-laws of various forms of cruelty, including demands for money and property, being locked in a room without food, and attempts to harm her by tampering with household appliances.

Specifically, the complainant accused her sister-in-law of coercing her into inappropriate sexual activities through threats. Criminal charges were filed against the husband and in-laws under multiple sections of the IPC, including Section 498A (cruelty by a husband or relative), Section 354A (sexual harassment), and Section 34 (acts done by multiple people with a common intention).

High Court’s Decision

Subsequently, the mother-in-law and sister-in-law approached the Kerala High Court to have the charges against them dismissed. The High Court, while addressing the case, ruled that the sexual harassment charges under Section 354A of the IPC could not be applied to women, leading to the partial dismissal of the case.

The ruling is a critical interpretation of the IPC, reaffirming that Section 354A is gender-specific, applying solely to men, and thereby excluding women from being charged under this particular law.