The Kerala HC gave a debatable order after stating that a “sexual harassment charge won’t stand if a woman is dressed in ‘sexually provocative dresses’”. The Kerala HC granted an anticipatory bail to activist Civic Chandran in a sexual harassment case and observed that charges under Section 354 A (Sexual harassment and punishment for sexual harassment) is not attracted when the woman was wearing ‘sexually provocative dresses’.
The accused had provided pictures of the woman in his bail application. The Kozhikode Sessions Court’s order in the matter read – “The photographs produced along with the bail application by the accused would reveal that the defacto complainant herself is exposing to dresses which are having some sexual provocative one. So Section 354A will not prima facie stand against the accused”.
The Court further went on to observe that there was a long-delay in filed an FIR regarding the matter, and that a reason for such a delay must be explained. In the case, the FIR was registered two years after the alleged incident.
In its argument, the prosecution had claimed that the alleged accused made sexual advances towards the complainant, a young female writer. The prosecution alleged that the accused tried to outrage the modesty of the woman in a camp back in February 2020.
The Facts of the Matter
While granting bail to activist Civic Chandran, the Kerala High Court stated that sexual harassment won’t stand as the complainant in the case was wearing ‘sexually provocative dresses. The debate-worthy order was issued earlier on August 17, Wednesday.
What Was the Case About?
The case is that of Civic Chandran being accused of sexual harassment in a case that dates back to 2020. The complaint was filed by a young writer, who accused Civic Chandran of sexually harassing her at a Nandi Beach camp earlier on February 8, 2020.
“Complainant herself Exposing”: Kerala HC
A Live Law report quoted the order passed by the Kozhikode Sessions Court which read – “The photographs produced along with the bail application by the accused would reveal that the defacto complainant herself is exposing to dresses which are having some sexual provocative one. So Section 354A will not prima facie stand against the accused”.
For the unversed, Section 354 A pertains to sexual harassment and punishment for sexual harassment.
Civic Chandran had Received Bail in Similar Harassment Case Earlier
To receive anticipatory bail, Civic Chandran had produced pictures of the complainant and was granted bail later. Earlier this month on August 2, he had obtained another bail in another harassment filed against him.
The court further explained its order and mentioned for Section 354 to stand prima facie. there must be an intention on the part of accused to outrage the modesty of a woman,
“In order to attract this Section, there must be a physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favours. There must be a sexually coloured remarks,” the court’s observation read, as quoted by Live Law.
Netizens Remain Outraged
The order drew flak from outraged netizens who took to Twitter and expressed their disbelief and shock.
Just yesterday 10 rapists were set free in the Bilkis Bano gang rape case. Today a judge in Kerala High Court says, "provocative clothes" of women can be sited to nullify sexual harassment complaint.
Shall we ask again, Azadi for whom??
— Dipsita (@DharDipsita) August 17, 2022
What fucking nonsense, the Kerala High court is giving tough come to take the title of worst High court in the country, hopefully the SC intervenes but I'm not holding my breath. https://t.co/XHbV6flLlC
— Zorawar (@SavageViking42) August 17, 2022
Instead of being so hell bent on celebrating freedom, Kerala high court should lay down list of decent clothing for women. State doesn't protect anyway, and other kind clothing deny any justice.
— Loony (@loony_madam) August 17, 2022
An atrocious judgment from a lower court of Kerala on a sexual harassment case involving a prominent public figure. Hope the High Court will set aside the lower court order. https://t.co/9nnK6l1jcr via @IndianExpress
— dkoyyal (@dkoyyal) August 17, 2022
Comparing Wife to Other Women “Mental Cruelty”: Kerala HC
Meanwhile, in another order, the Kerala High Court observed that comparing one’s wife to other women would amount to “mental cruelty”.
The constant and repeated taunts of the respondent/husband that the petitioner is not a wife of his expectations; the comparisons with other women etc. would certainly be mental cruelty which a wife cannot be expected to put up with,” the Court in its judgement observed.
The Kerala High Court was hearing an appeal made by husband against a previous order made by family court which had allowed his wife’s petition seeking marriage dissolution.
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