Another gem verdict of Indian Judiciary!  Kerala court observes Sec 354A won't prima facie stand if woman wore provocative dress

Delivering yet another horrible verdict in the history of the Indian Judiciary, the Kerala court granted anticipatory bail to author Chandran in sexual harassment case, saying that an offence under Sec 354A won't stand when a woman is wearing 'sexually provocative dresses'.

 

While granting bail to the author and social activist, Civic Chandran, the court expressed disbelief that the 74-year-old physically disabled accused could forcefully put the defacto complainant in his lap and sexually harassed her.

 

"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 354 A will not prima facie stand against the accused," session judge S Krishna Kumar observed.

 

 

 

Incidentally, the counsel of the accused submitted photographs of the complainant which she had published on social media.

 

"Even admitting that there was 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. So it is a fit case wherein the accused can be granted bail," the judgment further said.

 

The court also observed that the long delay in lodging the FIR must be properly explained. The complaint was filed two years after the alleged incident in February 2020.

 

Social activist and lawyer J Sandhya said that such observations in judgment are an insult to the judicial system. "There must be intervention from the High Court against such remarks. The Supreme Court in 2021 addressed 'entrenched paternalistic and misogynistic attitudes' in judgments and orders around gendered sexual violence cases in the Aparna Bhat v State of Madhya Pradesh. It is unfortunate that this is still happening," she said.