Kerala Court: Woman’s wearing provocative dress won’t render her liable for sexual harassment
The Kozhikode Sessions Court in Kerala granted anticipatory bail to writer and social activist Civic Chandran in a sexual harassment case, noting that the charge under Section 354(A) of the Indian Penal Code (sexual harassment) would presumptively not be attracted if the woman was wearing “sexually provocative” dresses.
Chandran was granted anticipatory bail on August 12 after providing some photos of the complainant with his bail plea. He had already received anticipatory bail on August 2 in a different sexual harassment case.
The alleged incident allegedly occurred on February 8 of this year at a camp set up by Chandran and others close to Koyilandy in the Kozhikode district. Chandran allegedly groped her and inappropriately touched her when the campers were coming home. On July 29, the woman complained, and Chandran was arrested for violating sections 354A (2), 341 and 354 of the IPC.
The complainant was exposed to dresses that had some sexual provocations, the court stated based on the photographs provided by the accused. The judicial body continued, “Therefore, Section 354A will not be a prima facie case against the accused.”
The 74-year-old physically challenged accused’s ability to compel the complainant into his lap and press her breasts was also questioned by the court. The contentious decision drew criticism online as people questioned what constitutes provocative clothing on social media.
