Physical Contact During Resistance Is Not 'Unwelcome, Explicit Sexual Overture': Kerala HC Quashes FIR Against Teacher U/S 354, 354A(1) IPC

The Kerala High Court ruled that physical contact without resistance does not imply consent in cases of sexual harassment under Section 354 and 354A(1) of the IPC. The court emphasized that explicit sexual overtures are unwelcome and constitute sexual harassment, regardless of the victim’s response. The case involved allegations of sexual harassment where the accused argued that the lack of resistance indicated consent. The court rejected this argument, stating that consent must be explicit and voluntary. The ruling underscores the importance of recognizing and addressing sexual harassment, reinforcing the legal protections for victims and clarifying the standards for consent in such cases.