Sexual Harassment Charges Do Not Prima Facie Stand If The Woman Is Wearing ‘Provocative Dress’, Says Kerala Court

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Earlier in July 2022, a Dalit woman writer had also accused him of allegedly attempting to molest her

KRC TIMES Desk

On August 12, a Kerala Court granted anticipatory bail to social activist Civic Chandran in a sexual harassment case under section 354A of the Indian Penal Code (IPC). A young female writer filed an FIR accusing Civic Chandran of sexual harassment. The incident occurred in a camp organised at Nandi beach in February 2020.

“The photographs produced along with the bail application by the accused would reveal that the defacto complainant herself was wearing a dress which is sexually provocative. Therefore, Section 354A will not prima facie stand against the accused.

The Court remarked that the offence do not prima facie stand when the woman was wearing sexually provocative dresses. The order was passed based on the photographs of the survivor furnished by the accused.

While granting bail for a 74-year-old social activist Civic Chandran in a sexual harassment case on August 12, Kozhikode Sessions Court  also expressed disbelief  that “a man aged 74 who is physically disabled can forcefully put the defacto complainant in his lap.”

The defence also said that this case is ‘Cooked up’. They stated that the alleged incident happened in 2020, in the month of February. But, the case was registered on the 29th of July, 2022.

As it was a long delay the Court also found a problem in lodging an FIR. Therefore, The Court asked that the delay must be properly explained.

This is not the only case against Chandran from which he was granted bail sighting such reasons. Earlier in July 2022, a Dalit woman writer had also accused him of allegedly attempting to molest her. On 2nd August, by the same court, he was granted bail in this case as well. The order read “Considering his age and poor health condition, it cannot be believed that the accused made a kiss on her back without her consent.”

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