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PoSH Law India Updates - Jan'25 Edition

SheSR Insights

Updated: 6 days ago

Dive into the key rulings and legal insights in the Jan'25 edition of PoSH Law India updates.


  1.  Commenting on Body and Body Shaming – Sexual Harassment


    • Sexually coloured remarks on a woman's body structure constitute Sexual Harassment

      In R. Ramachandran Nair v. State of Kerala & Ors., the Kerala High Court ruled that commenting on a woman's body structure, such as calling it "fine," constitutes a sexually coloured remark amounting to sexual harassment under Section 354A(1)(iv) of the Indian Penal Code. The Hon’ble Court refused to quash criminal proceedings against the accused, emphasising that such comments insult a woman's modesty and intrude upon her privacy, thereby attracting offenses under Sections 354A(1)(iv) and 509 of the IPC, as well as Section 120 of the Kerala Police Act. This decision emphasises the legal stance that inappropriate remarks about a woman's physical appearance are punishable offenses.


      Read the Order here.


    • Body shaming condemned as 'Unacceptable'

      The Hon’ble High Court of Kerala expressed its disappointment and supplied emphasis on the prevalence of body shaming in our society while dealing with a case of sexual harassment under Sections 75(1)(i) and 75(1)(iv) of the Bharatiya Nyaya Sanhita (BNS). The case revolved around sexual overtures and sexually coloured remarks passed by businessman Boby Chemmanur. The Court found the business man guilty of sexual harassment and further stated that remarks about a person's body should be avoided, urging vigilance in making comments about others, regardless of their gender. 


      Read Order here.

 

  1. Aftermath of the Release of the Hema Committee Report


    After the release of the Justice Hema Committee report in August 2024, which highlighted widespread sexual harassment in the Malayalam film industry, the Kerala Government in Navas A @ Paichira Navas v State Kerala and connected cases informed the Hon’ble High Court that 40 FIRs have been registered to date. The Hon’ble Court is now reviewing a draft law, “The Kerala Entertainment Industry (Equality and Empowerment) Act”, aimed at ensuring safe and equitable working conditions within the industry. To ensure comprehensive oversight, transparency, and accountability, the amicus has further proposed establishing a Kerala Entertainment Industry Regulatory Authority (KEIRA). The Court emphasised the need for adopting an intersectional approach to address the multifaceted discrimination faced by women, particularly those from marginalised communities.


Read more about the Hema Committee Report here.

 

  1. Power of the Courts to grant Interim Stay in an appeal under the PoSH Act

    The PoSH Act, 2013 does not grant powers to the Appellate Authority under the Act to pass an interim order of stay. However, the High Court of Karnataka in Nagaraj GK vs Addl Labour Commissioner held that there is no explicit bar in the statute on the Appellate Authority from considering an application seeking interim stay. The Courts can exercise their inherent power and consider such application without entering into the correctness of the orders impugned.


Read the Order here.


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