The Kerala High Court, while granting bail to businessman Boby Chemmanur on Tuesday, strongly condemned the practice of body shaming and urged society to exercise caution in their speech. Justice PV Kunhikrishnan, delivering the verdict, underscored that body shaming is unacceptable and emphasized the need for sensitivity in addressing others.
Chemmanur had been arrested following a complaint by Malayalam actor Honey Rose, who alleged that he made obscene remarks about her during a jewellery showroom inauguration in Kannur and at another event. Speaking to the media, Honey Rose revealed that she refrained from reacting at the time to avoid disrupting the event.
The Kochi police charged Chemmanur under sections 75(1)(i) and 75(1)(iv) of the Bharatiya Nyaya Sanhita (BNS) and Section 67 of the IT Act, which pertains to publishing or transmitting obscene material online. Initially remanded to judicial custody, Chemmanur sought bail from the High Court.
In its judgment, the court observed that the allegations appeared credible. “Any Malayali who reads the First Information Statement can easily understand that the words used by the petitioner carry double meanings,” Justice Kunhikrishnan remarked. The court also recorded Chemmanur’s assurance that he would refrain from making such comments on social media in the future.
Condemning body shaming, the court stated:
“Comments about a person’s body—whether too fat, too skinny, too short, too tall, or too dark—should be avoided. There is a sense that we are all ‘too something’ and ‘not enough.’ This is life. Our bodies, minds, and hearts will change. Everybody should be vigilant while making comments about others, whether men or women.”
This ruling comes shortly after a landmark November 2024 decision, where the Kerala High Court recognized body shaming as a form of domestic violence under Section 498A of the Indian Penal Code (now BNS). In that case, derogatory comments about a woman’s appearance were deemed cruel due to their significant impact on her mental and physical health.
Case: CD Boby @ Dr. Boby Chemmanur vs State of Kerala – Available on LAWFYI.IO
