In a recent ruling, the Kerala High Court determined that failing to book return tickets for a female employee, amounts to trafficking under Section 370 of the Indian Penal Code (IPC). The court also ruled that requesting her to share a hotel room constitutes sexual harassment under Section 354A of the IPC.
The case involved a woman employee who had been sent to Chennai from Mumbai for an official meeting on 31 May, 2019. She had asked for a same-day return flight to attend another meeting the next day. However, her managing director (MD) booked her flight for the following day, and arranged a hotel stay.
Furthermore, he allegedly demanded she share the room with him while seeking sexual favours, which she resisted.
In a recent ruling, the Kerala High Court determined that failing to book return tickets for a female employee, amounts to trafficking under Section 370 of the Indian Penal Code (IPC). Additionally, the HC ruled that requesting her to share a hotel room is considered sexual harassment under Section 354A of the IPC. However, the court, presided over by Justice A Badharudeen, found the actions of the accused to prima facie support both charges. It further noted that the failure to arrange her departure and the demand for sexual favours suggested exploitation.
The court emphasised that the accused’s actions fit the definition of trafficking under Section 370 of the IPC, which includes exploitation through coercion and deception. Regarding the sexual harassment charge, the court noted that demanding or requesting sexual favours constitutes an offence under Section 354A. Based on the facts, the court concluded there was sufficient evidence to proceed with the trial.
