Headline
The Kerala High Court Ruled that a Women Cannot Be charged Under Section 354A IPC for Sexual Harassment.
Summary
The Kerala High Court ruled that women cannot be prosecuted under Section 354A of the Indian Penal Code (IPC) for sexual harassment, which is only applicable to men. The court quashed the charges against a woman who was accused of sexually harassing her sister-in-law but upheld the charges of cruelty under Section 498A IPC.
Key Facts
- Case – Marital cruelty case involving a woman complainant and her in-laws.
- Name of Judge: A Badharudeen
- Ruling:Section 354A Indian Penal Code (IPC) applies only to men not women , quashing sexual harassment charges against the women. But the court took the trial under Section 498A IPC for cruelty.
Legal Insights
The ruling of the Kerala High Court clarified that Section 354A IPC, which addresses sexual harassment, applies only to men. The court said that the use of the term “a man” means the exclusion of women from prosecution under this section of IPC.
Impact
This order of the Kerala High Court aligns with similar decisions by other High Courts,setting a precedent for future cases which may involve accusations of sexual harassment by women.
Why It Matters
The ruling showcases that certain legal provisions are gender-specific,showing potential gaps in legal protection against sexual harassment, particularly in cases involving women as the accused.
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