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

The case pertains to Chandran, the 74-year-old activist and writer, who was accused of sexual harassment by a young author at the Nandi Beach back in 2020.

Sexual harassment complaint not valid if woman was wearing ‘sexually provocative’ clothes: Kerala court in bail order
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Granting anticipatory bail to sexual harassment accused social worker Civic Chandran, the Kozhikode district sessions court on Wednesday ruled that the provision of Section 354 (A) (sexual harassment) of the IPC will not be applicable as the complainant, in this case, was wearing ‘sexually provocative dresses.’

The case pertains to Chandran, the 74-year-old activist and writer, who was accused of sexual harassment by a young author at the Nandi Beach back in 2020. After Chandran had provided the photographs of the complainant, the court, while referring to the pictures, said, “It would reveal that the de facto complainant is herself exposing to dresses which are having some sexual provocative one. So, Section 354A will not prima facie stand against the accused.”

The court, in its order, stated that it was not possible for a handicapped 74-year-old man to physically impose himself on the woman.

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“Even admitting that there was a physical contact it is impossible to believe that a man having aged 74 and physically disabled can forcefully put the defacto complainant in his lap,” said the order.

The court said that in order to try the accused under the provision, there must be certain conditions that need to be first verified. “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 a sexually coloured remarks,” the court said.

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Chandran had claimed that the woman had raised a false alarm against him and the complaint was based on lies. While pointing out at the alleged incident that occurred in 2020, Chandran said that the women was accompanied by her partner in public and no one else had levelled any allegations against him.

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