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New Delhi, August 18
Blaming a girl complainant for “exposing” in sexually provocative attire, a Kozhikode periods courtroom in Kerala has granted anticipatory bail to writer-activist Civic Chandran – accused of sexually harassing her.
District and Sessions Judge S Krishna Kumar mentioned the cost beneath Section 354 A (sexual harassment) of the Indian Penal Code wouldn’t be attracted if the complainant girl was sporting “sexually provocative” gown.
“In order to attract Section 354 A (sexual harassment), there must be 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 remark. The photographs produced with the anticipatory bail application by the accused reveal that the complainant herself is exposing in dresses which are sexually provocative. Section 354 A will not prima facie stand against the accused.”
Chandran – who had produced pictures of the complainant alongside together with his bail software—was granted anticipatory bail on August 12. Earlier, he was given anticipatory bail on August 2 in one other sexual harassment case.
In one other controversial order with regard to applicability of the SC/ST (Prevention of Atrocities) Act, the choose mentioned offences beneath the Act wouldn’t prima facie stand towards Chandran as he was combating towards the caste system.
National Commission for Women (NCW) chairperson Rekha Sharma and CPI(M) Politburo member Brinda Karat have strongly condemned the choose’s commentary.
“The observations of the Kozhikode sessions court regarding a complainant’s clothes, while granting bail in a sexual harassment case are extremely unfortunate and @ncwIndia strongly condemns it. The court has overlooked the far reaching consequences of such an order,” Sharma tweeted.
“The higher judiciary should take note of the comment and observations (by the Kerala sessions court) and take the requisite action,” Karat mentioned. (With PTI Inputs)
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