Madras HC quashes sexual harassment case, rules hugging and kissing not a crime in relationship

The Madras High Court has quashed a case filed under Section 354A of the Indian Penal Code (IPC) against a man accused of sexually harassing a woman. The court ruled that hugging and kissing between two consenting individuals in a romantic relationship, particularly during adolescence, cannot be classified as sexual harassment. The decision was delivered by Justice Anand Venkatesh, who clarified the legal scope of what constitutes sexual harassment under IPC Section 354A.

The case revolves around Santhang Ganesh, who had been in a romantic relationship with the complainant since 2020. On November 13, 2022, the complainant alleged that Ganesh invited her to meet him at a specific location. During their interaction, she claimed that Ganesh hugged and kissed her. The complainant later informed her parents about the incident and reportedly asked Ganesh to marry her. When Ganesh refused and began avoiding her, the complainant filed a complaint, leading to the registration of an FIR under Section 354A(1)(i) of the IPC, which addresses sexual harassment through physical contact and explicit sexual propositions.

Justice Venkatesh, during the hearing, stated that for an offense under Section 354A to be established, it is necessary to prove physical contact accompanied by unwelcome and explicit sexual propositions. The judge emphasized that affectionate acts such as hugging and kissing are part of normal behavior in romantic relationships, especially among young individuals, and cannot be automatically construed as criminal actions. "Hugging and kissing in such a relationship are natural expressions of affection," the court noted in its judgment.

The court further highlighted that even if the complainant's allegations were true, the actions described did not constitute a criminal offense under Section 354A. Justice Venkatesh pointed out that continuing with criminal proceedings in such cases would be an abuse of the legal process. The judge also referred to Section 482 of the Criminal Procedure Code (CrPC), which allows the court to quash proceedings if they are deemed to be an abuse of the judicial process. The court exercised its powers under this section to dismiss the case against Ganesh.

In its ruling, the Madras High Court underscored the importance of distinguishing between genuine cases of sexual harassment and situations where individuals engaged in consensual relationships are mistakenly subjected to legal action. The judgment clarified that the law should only be invoked in cases where there is clear evidence of unwelcome and explicit sexual advances, and not in situations where affection between partners is mutual. The ruling serves as a reminder of the need for careful application of laws related to sexual harassment, particularly in cases involving relationships between consenting adults.