Kerala HC stays ‘provocative dress’ bail order to Chandran involved in sexual abuse of Dalit girl

The Kerala high court on Wednesday stayed a sessions court’s controversial order of granting bail to a noted writer-cum-activist in a case of sexual harassment.

The Kozhikode sessions court on August 12 had granted anticipatory bail to social activist Civic Chandran in a sexual abuse case – involving a Dalit woman – saying 354A of IPC will not prima facie stand if the woman was wearing a “sexually provocative dress”. It had sparked outrage as the judge had noted that the offence of sexual harassment was not made out because the complainant had been wearing a “sexually provocative” dress.

Hearing the Kerala government appeal against the order, Justice Kauser Edappagath observed that the former had undertaken an “improper exercise of jurisdiction” and had relied on “irrelevant materials” while granting bail to the activist.

Justice Edappagath, however, made it clear that the writer “shall not be arrested” until the case is heard by the high court, taking into consideration of his age.

“Prima facie it appears that there was an improper exercise of jurisdiction by the Session Judge while granting bail to the accused. Irrelevant materials of substantial nature are seen relied on to grant bail. The finding of the impugned order that Section will not be prima facie attracted if the victim was wearing sexually provocative dress cannot be justified. In these circumstances, the impugned order shall stand till the disposal of this Crl.MC,” Bar and Bench quoted Justice Edappagath as saying.

The Kerala government had challenged the lower court order saying that the findings and reasoning given by the sessions court suffer from the illegality, lack of sensitivity, sobriety and perversity.

The state government’s appeal argued that the victim’s sexual provocative dressing cannot be valid legal ground absolving the accused of the charges, calling the order “highly insensitive and insulting” and arguing that it potentially exposed the victim to secondary trauma, reported The Wire.

“The right to decide on what to wear and how to wear etc is the natural extension of personal freedom guaranteed by the Constitution of India and one of the fundamental facets of the right to life guaranteed under Article 21,” Bar and Bench quoted the appeal as saying.

The Kozhikode court had contended that the accused was fighting against the caste system and “it is highly unbelievable that he will touch the body of the woman fully knowing she belongs to the Scheduled Caste.” – INDIA NEWS STREAM