A Kerala court granted anticipatory bail to an accused in a sexual harassment case as complainant's dress was sexually provocative.
Kozhikode: A Kerala court granted anticipatory bail to an accused in a sexual harassment case. It made the statement that “sexual harassment will not prima facie stand when the complainant is wearing a dress that is sexually suggestive.”
According to a report in Live Law,Civic Chandran, a 74-year-old social activist and author, was charged with sexually assaulting a woman. The accused’s counsel had furnished photographs of the complainant woman along with the bail plea. The bail request was heard at Kozhikode Sessions Court on August 12. So Section 354A “will not prima facie stand against the accused.”
The court also observed that the activist was an old man and, to some extent, physically disabled, and he could not have forced himself upon the woman.
Citing Section 354, the court went on to say that it is very evident that the accused must have intended to offend a woman’s modesty. “Physical contact and advances involving uninvited and explicit sexual overtures must occur in order to attract this section.” A desire or request for sexual favours must exist. The court concluded that there must be comments with a sexual undertone.
This alleged incident occurred in February 2020. According to the prosecution, the young writer’s modesty had allegedly been insulted by the activist. The activist denied the assertion and claimed that it was a fabrication created by his enemies.
The accused was booked under Sections 354A(2), 341 and 354 of the Indian Penal Code.