A court in Kerala has said that sexual harassment complaint will not prima facie stand when the complainant herself was wearing a sexually provocative dress. The Kozhikode Sessions Court made the remarks in its order while granting bail to author and social activist, Civic Chandran in a sexual harassment case.
The court said in its order, “The photographs produced along with the bail application by the accused would reveal that the defacto complainant herself is exposing to dresses are having some sexual provocative one. So Section 354A will not prima facie stand against the accused”,
Chandran had submitted photos of the woman in his bail application.
The court said, “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. (sic)”
The court also said it could not believe that a 74-year-old physically-disabled man could forcibly put the complainant on his lap and press her breasts.
The prosecution, for its part, had informed the court that the accused had sexually harassed the complainant, a young writer, when she met Chandran at a camp at Nandi beach in February 2020. The police had filed an FIR two years after the alleged incident under sections 354A(2), 341 and 354 of the Indian Penal Code.
Read the Relevant Part from the Order; pic.twitter.com/nG0egDLqsE
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Chithira Kusuman reacted on social media as she wrote, “Civic Chandran grabbed them because the girl was wearing a sexually provocative dress. So the court says the case will not stand!!! It’s okay as there is still court authority. But isn’t this telling the women of this land that they will do any kind of justice to save a man in need! Has the government issued a circular stating which clothes can cause sexual harassment to men? Where is the department in the law to climb up if you feel awkward when you see the dress?
“Besides that, the mentality to take and present the provocative photos of that girl along with the bail application… With that, the people of the land have understood the truth, that is happiness.”