In a recent ruling, the Kerala High Court underscored that a woman cannot be prosecuted under Section 354A of the Indian Penal Code (IPC) for sexual harassment, even when the alleged victim is another woman. The Court highlighted that this particular section of the IPC explicitly refers to “a man,” thereby excluding women from its purview.
This observation emerged during the partial quashing of criminal proceedings initiated by a woman against her in-laws in a case involving allegations of marital cruelty. The complainant had accused her sister-in-law of sexual harassment, but the Court, presided over by Justice A Badharudeen, clarified that Section 354A IPC only applies to actions committed by men.
“The language of Section 354A clearly reflects the legislature’s intent by using the term ‘a man,’ as opposed to ‘any person,’ thereby excluding women from being charged under this section,” the Court stated. Consequently, the Court quashed the sexual harassment charges against the sister-in-law, acknowledging that the law does not support such prosecution against women.
The case also involved allegations of marital cruelty, where the complainant accused her husband, his parents, and his sister of subjecting her to mistreatment, including coercion, starvation, and demands for money and property. The criminal charges against the in-laws were initially filed under several sections of the IPC, including Section 498A (cruelty to married women), Section 354A (sexual harassment), and Section 34 (acts done by several persons in furtherance of common intention).
While the Court allowed the trial to proceed under Section 498A, it dismissed the sexual harassment charges against the women, reiterating that Section 354A does not apply to female offenders.
This decision aligns with a recent ruling by the Calcutta High Court, which also held that a woman cannot be charged under Section 354A, reinforcing the legal interpretation that the section’s provisions are gender-specific to men.
