Kozhikode District and Sessions judge S Krishnakumar, who had made controversial observations in his orders saying that sexual harassment offence would not stand when the woman was wearing “sexually provocative dresses”, has been transferred as presiding officer of Labour Court in Kollam, The Indian Express reported on Wednesday.

The judge had made the observations in his order while granting anticipatory bail to writer and social activist Civic Chandran in two alleged sexual harassment cases.

The transfer list also includes three other district-level judicial officers, the transfer list issued by Kerala High Court Registrar-General P Krishna on Tuesday read. Muralee Krishna S, District and Sessions Judge, Manjeri, will be the new District and Sessions judge, Kozhikode, PTI reported.

Also Read: Kerala govt moves HC challenging bail to activist Civic Chandran in sexual harassment case

The judge’s observations had stirred a massive row which prompted the Kerala government to appeal to the High Court against the district court’s verdict.  

In the first case against Chandran, while granting bail, the judge had observed that offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act would not stand against the accused as it was “highly unbelievable” that “he will touch the body of the victim fully knowing that she is a member of the Scheduled Caste.”

Meanwhile, in the second case, the court had observed that the sexual harassment offence would not stand when the woman is wearing “sexually provocative” dresses.

“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 sexually colored remarks. The photographs produced along with the bail application by the accused would reveal that defacto complainant herself is exposing to dresses which are having some sexual provocative one (sic). So, Section 354A will not prima facie stand against the accused,” the Court had said in its order.

Also Read: Sexual harassment complaint not valid if woman was wearing ‘sexually provocative’ clothes: Kerala court in bail order

The judge had also added that considering the 74-year-old author’s age and health condition, it was hard to believe that Chandran had kissed the woman’s back without her consent.

Chandran is accused of attempting to molest a Dalit woman writer. The author was booked under Section 354 of the Indian Penal Code as well as provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In the other case, another woman accused him of sexually harassing her on a beach in Kozhikode district in February 2020.