KOCHI: Recently, two cases that garnered significant media and public attention raised several doubts among the common Malayali population.
One involved a high-profile sexual harassment case in which businessman Boby Chemmannur, aka BoChe, was arrested following complaints by actor Honey Rose. She alleged that he had made obscene comments about her during a public event, and also sent her inappropriate messages.
As details of the case went viral, several people posted explicit comments against Honey on social media. She filed complaints against at least 30 of them.
Shortly thereafter, in another case, two journalists were booked under the Protection of Children from Sexual Offences Act (Pocso) for allegedly making sexist, suggestive comments about a girl who participated in the State School Kalolsavam. Reporter TV consulting editor Arun Kumar and reporter Shahabad were charged under Sections 11 and 12 of Pocso, which deals with sexual harassment.
While the general public avidly followed both cases, many were in disbelief and some dismissed them as trivial: “Are such comments illegal? Are jokes considered offences?”
Such questions stem from wilful ignorance, says sexuality educator and researcher Dinta Suresh. “Laws describing these crimes have been in place for years. Yet, many continue to make inappropriate comments in public and on social media,” she shrugs.
The issue is more concerning when it involves minors. The Pocso Act came into effect in 2012. It prescribes severe punishments for sexual assault with or without penetration and also criminalises sexual harassment, which carries a penalty of up to three years in prison and fines.
Sexual harassment under Pocso includes the following acts when done with sexual intent:
Uttering a word or making a sound to be heard by a child.
Making any gesture or exhibiting an object or part of the body to be seen by a child.
Making a child exhibit his or her body.
Showing anything to a child for a pornographic purpose.
Persistently watching, following, or contacting a child directly or through electronic or other media.
“There have been considerable changes in Indian criminal laws, especially since 2013,” notes lawyer Maya Krishnan. “It’s a misunderstanding if people think verbal or written comments are not criminal offences. Even in news programmes by Arun Kumar, such comments were once common.”
Going beyond Pocso, in general, sexually coloured remarks and actions are punishable offences, adds Maya. “This includes gestures, showing pornography, or making remarks or comments that make another person uncomfortable,” she explains.
“While one person may not find something offensive, another might. These offences are punishable by up to three years in prison. Our laws are ahead of their time; society is yet to catch up.”
Even the Prevention of Sexual Harassment (POSH) Act, which addresses sexual harassment in the workplace, has similar clauses:
Physical contact and advances involving unwelcome and explicit sexual overtures.
A demand or request for sexual favours.
Showing pornography against the will of a woman.
Making sexually coloured remarks.
“These are non-bailable offences,” Maya notes. “Stalking is also a crime as per our law. Honey Rose has accused BoChe of stalking as well.”
Stalking includes both physical and online actions. According to the law, stalking occurs when a man follows a woman or contacts her repeatedly to foster personal interaction despite clear indications of disinterest. Pestering a woman using the internet, email, or any electronic communication also amounts to stalking.
Under Section 78 of the Bharatiya Nyay Sanhita (BNS), the punishment for stalking is up to three years in prison and a fine for the first offence, and up to five years in prison and a fine for a repeated offence.
Section 79 of BNS further states: “Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.”
Need to evolve
According to Edwin Peter, founder of Sex Education Kerala, strict enforcement of such laws is vital to reform society. “Issues such as sati and child marriage were curbed through law enforcement,” he highlights.
“In that context, Honey Rose’s case is a milestone, especially in a society that passively encourages sexist, derogatory jokes along with the sexualisation of children.”
Small talk, big repercussions
Words are incredibly powerful, Edwin stresses. “It can hurt anyone; break and make relationships; trigger anxiety and stress; make people furious, suicidal, depressed; break society… And, mind you, they can land one in jail,” he adds. “So it’s advisable to think twice before making a comment or joke.”
Looking beyond legalities, Edwin highlights, even casual conversations often include body shaming, jibes on one’s marital status or mental health, sexual innuendos, casteist slurs, etc. Such remarks can be offensive (even criminal), and also negatively impact the confidence of those at whom they are directed.
“One reason for the popularity of skin-whitening products and procedures, for instance, is the inherent colourism in society,” he points out.
“Body shaming has a particularly harmful impact on adolescents, who are already experiencing significant physical and emotional changes. Instead of toughening them up, as many claim, such comments make them ill, both physically and mentally. One of the main reasons for body dysmorphia is this body shaming.”
Dr Arun B Nair, professor of psychiatry at Government Medical College, Thiruvananthapuram, concurs. “Body shaming can make one reluctant to appear in public places, and create stage fright. Gradually, this can develop into social anxiety,” he says.
Sexually explicit jokes, especially those referencing body parts, can also have a serious impact on adolescents’ emotions. “If exposure to such comments and gestures is frequent, it will lead to chronic emotional instability,” Dr Arun cautions.
Reform has to begin at school, says Edwin. “Unfortunately, our current education system is focused on creating labourers, not good citizens or human beings. First, this needs to change,” he says.
AI misuse & Pocso
According to Bodhini, an NGO focusing on online safety, the digital world and its associated laws remain ambiguous to many users, particularly children. “For many, Pocso is still associated only with child sexual abuse. But sharing pornography, online comments, or direct messages that are explicit or have sexual undertones also come under the act — even if children share such material among themselves.
In India, anyone below the age of 18 is a minor,” says a representative of the NGO. Now, with the increasing accessibility of AI, these laws have become even more critical. “Many children are unaware that creating explicit AI-generated images or videos of their classmates also falls under Pocso. This, of course, applies to adults creating fake images of minors too,” says the representative.
As AI becomes part of daily life with free image generators, its misuse must be addressed, she says. Notably, Bodhini is set to release a poster titled ‘Pocso – What Children Need to Know’. It aims to educate children to protect themselves and prevent them from unknowingly harming others. “With the growing misuse of AI to harass others, children must be made aware of the legalities at the earliest.”