K. S. Sudhi KOCHI
The observation of the Kozhikode District and Sessions Judge recently that a survivor herself was “exposing to dresses which have some sexual provocative one [sic]” while granting anticipatory bail to writer Civic Chandran in a case related to outraging the modesty of a woman has created a public outcry in Kerala.
While social media has gone into a tizzy over the observation, legal circles feel that the legal premises of the bail order were flawed.
The judge, it appeared, heavily relied on the dresses worn by the survivor to conclude that Section 354 (A) of the Indian Penal Code (IPC) (assault or use of criminal force to woman with the intent to disrobe her) will not prima facie stand against the accused. The term ‘sexually provocative’ is too general and a subjective one. There cannot be any yardstick on what is sexually provocative or otherwise. Sexually provocative dressing cannot be construed as a legal ground for absolving an accused of the offence of outraging the modesty of a woman, point out judicial sources.
The right to decide on what to wear and how to wear it is the natural extension of Article 21 of the Constitution which speaks about the right to life and personal liberty, they point out.
‘Faulty conclusion’
The conclusion of the judge that the 74-year-old physically challenged man cannot forcefully “put the de facto complainant on his lap and press her breasts” is a faulty one, and the act amounts to sexual overture. The accused is not a bedridden person but an active one in organising an event attended by the survivor. The alleged act of the accused amounts to seeking sexual favours and the case should have been considered in that perspective, point out legal sources.
Though the decision on granting bail is the discretion of the judicial officer concerned, the judge can grant or deny bail only on the basis of well-considered legal principles. The legal option available for the survivor and the prosecution is to challenge the order before the Kerala High Court, sources say.
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Staff Reporter Thiruvananthapuram
Justification of violence against women by courts citing personal reasons such as one’s attire gives cause for concern, said Kerala Women’s Commission chairperson P. Satheedevi on Wednesday.
Ms. Satheedevi said the observation of the Kozhikode District and Sessions Judge, while granting anticipatory bail to writer Civic Chandran in a case of outraging of modesty of a woman, was unfortunate.
She said that at the time of granting bail, going beyond the circumstances for bail and deciding that the case would not stand and then giving bail could not be accepted. Making such observation even before evidence could be presented and the trial held was tantamount to rejecting the woman’s complaint. This sent a wrong message in cases of a grave nature such as those related to sexual violence.
This incident comes at a time when the Gujarat government’s decision to allow the release of those convicted in the Bilkis Bano case was being discussed widely.
There was a need to rethink such decisions, Ms. Satheedevi said.
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