Kerala court’s observation in bail order of sexual harassment case sparks row


PTI, Aug 17, 2022, 3:35 PM IST

Representational Image

Kozhikode: An observation made by a District Sessions Court in Kerala that the offence under sexual harassment is not prima facie attracted, when the woman was wearing a ”sexually provocative dress” has sparked a controversy with the state women commission strongly deploring it.

The court made the observation last week while granting bail to 74-year-old social activist and writer Civic Chandran in a sexual abuse case.

In its August 12 order, the Kozhikode Sessions Court had observed that the photograph of the complainant, produced by the accused along with the bail application, would explain that she ”herself is exposing to dresses which are having some sexual provocative one” and it is impossible to believe that a man aged 74 and physically disabled can forcefully put the complainant on his lap and sexually press her breast.” The court said to attract IPC Section 354 A (Sexual harassment and punishment for sexual harassment) there must be physical contact and advances involving unwelcome and explicit sexual overtures, there must be demand or request for sexual favours and there must be sexually coloured remarks.

”The photographs produced along with the bail application by the accused would reveal that the defacto complainant herself is exposed to dresses which are having some sexual provocative one. So sexual 354A will not prima facie stand against the accused. ”Even admitting that there was a physical contact, it is impossible to believe that a man aged 74 and physically disabled can forcefully put the defacto complainant in his lap and sexually press her breast”, the court had observed and granted bail to the accused saying it was a ”fit case wherein the accused can be granted bail.” Expressing concern over the observations made by the court, Kerala Women’s Commission Chairperson P Satheedevi termed it ”unfortunate” and said by making such references even before the evidence is presented and the trial is held, the court is effectively dismissing the allegations levelled by the complainant. ”This sends a very wrong message in serious cases like rape”, she said.

The court had made the observations while granting bail in the second sexual harassment case registered against him.

Chandran has been accused in two sexual harassment cases, one by a writer and one belonging to a Scheduled Tribe community, alleging sexual harassment by him during a book exhibition here in April. The other was by a young writer, who accused him of sexual harassment during a book exhibition in town in February 2020.

The Koyilandy police had registered cases against Chandran but had not been able to arrest him as he has been at large since the first case was registered. Chandran was granted anticipatory bail in the first case on August 2.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Belagavi: Another fatal road accident claims 6 lives

My dad wanted me to become something in life: Akash Deep dedicates debut success to late father

Two bills passed in Karnataka Assembly without debate as opposition BJP, JD(S) stage protest

Farmers’ protest: SKM observes ‘black day’, burns effigies of BJP leaders

ISIS bride Shamima Begum loses appeal to regain British citizenship

How old-fashioned Joe Root shunned ‘Bazball’ to save the day for England

Fourth Test: England reach 302/7 at stumps on day 1

Related Articles More

Police claim arresting ‘BJP leader’ on charges of running sex racket; party denies association

Farmers’ protest: SKM observes ‘black day’, burns effigies of BJP leaders

Engaging with competent authorities, use only genuine cheese, says McDonald’s

CBI to arrest Kejriwal in few days, will serve him notice by evening: AAP

Those not in ‘hosh’ are calling youth ‘nashedi’: PM Modi’s jibe at Rahul Gandhi

MUST WATCH

Sasihitlu Beach

How diabetes cause problems in kidney

christmas crib

KFD The Monkey Fever/Kyasanur Forest Disease

Abu Dhabi’s 1st Hindu Temple | UAE Temple


Latest Additions

Majority of Byju’s shareholders vote for removing CEO, family members; company calls vote invalid

NIA arrests 2 Bangladeshi nationals from Karnataka in human trafficking case

Police claim arresting ‘BJP leader’ on charges of running sex racket; party denies association

Belagavi: Another fatal road accident claims 6 lives

BMTC converts decommissioned bus into dining cars!

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.