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

The Pinarayi Vijayan government has moved the Kerala High Court challenging the Kozhikode Sessions Court order which granted bail to activist Civic Chandran on grounds that a sexual harassment case would not prima facie stand if the victim was wearing a “sexually provocative dress”.

The Kerala government’s appeal, filed through Additional Public Prosecutor P Narayanan, submits that the Sessions Court order granting bail was contrary to the facts and circumstances of the case, and amounted to an infringement of the personal liberty of the survivor and violation of the right to life guaranteed under Article 21 of the Constitution of India, reports Bar and Bench.

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

“The court below relied heavily on certain photographs of the victim which was published in social media and observed that the defacto complainant herself is exposing to dresses which are having some sexual provocative and therefore Section 354A will not prima facie stand against the accused. The above finding is per se illegal, unjust and have the effect of potentially exposing the survivor to secondary trauma” Bar and Bench reported, quoting the appeal.   

In the order, judge S Krishna Kumar had stated that contrary to the requirement of some unwelcome sexual advances on part of the accused in order to attract the offence under Section 354A, the photographs of the complainant showed her “exposing herself in 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.

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Civic Chandran, an activist and a writer, was charged under IPC Sections 354 A(2), 341 and 354.

The incident relates to February 2020 when a cultural camp was organised by a group named “Nilanadatham” in Kadal Veedu at Nandi beach in Kozhikode. The complainant has alleged that while she was resting near the seashore, the accused forcefully embraced her and asked her to sit on his lap. The complainant registered a case in July 2022, citing apprehensions and shame as grounds for the delay.