Hugging, kissing between lovers not a sexual act, it's natural, rules Madras High Court

In an important ruling, the Madras High Court recently quashed a sexual harassment case against a 20-year-old man in Tamil Nadu's Tuticorin, stating that hugging and kissing between two persons in love is not sexual harassment. The court's judgment came after the man challenged the trial court proceedings and petitioned to quash the FIR filed against him, a TOI report stated.

Background of the Case

The case revolves around a complaint filed by a 19-year-old woman, who had been in a romantic relationship with the man for three years. In November 2022, the man and woman went to a secluded area, where they spent several hours talking. According to the woman, during their meeting, the man suddenly hugged and kissed her. After returning home, the woman disclosed the incident to her parents and later asked the man to marry her. However, when the man refused and started avoiding her, she filed a police complaint, leading to the registration of a sexual harassment case against him.

Court's Ruling on the Matter

Justice N Anand Venkatesh, in his ruling, stated that for an offence to be considered under section 354-A(1)(i) of the Indian Penal Code (IPC), there must be unwelcome and explicit sexual advances. The judge remarked that it is natural for two people, especially teenagers in a romantic relationship, to hug or kiss each other. He added, "Even if the allegations are taken as it is, it is quite natural for two people in the teenage, who are having a love affair, to hug or kiss each other. By no stretch, this can constitute an offence under section 354-A(1)(i) of IPC."


Justice Venkatesh further observed that no criminal offence had been committed by the petitioner, even if the allegations in the FIR were taken as true. He concluded that proceeding with criminal charges against the man would amount to an abuse of the legal process. Consequently, the court quashed the proceedings against the 20-year-old, upholding the view that such actions, when consensual, do not fall under the definition of sexual harassment.