Kerala Govt Moves HC Against Sessions Court's 'Provocative Dress' Remark

The Kerala government has appealed to remove the controversial remarks in the order of the Kozhikode Sessions Court.

Kerala government has moved to High Court against bail granted to Civic Chandran in a sexual harassment case. Image used for representational purposes.

(Photo: Lijumol Joseph/Altered by The Quint)

The Kerala government on Monday, 22 August, moved the High Court challenging the order of a sessions court in Kozhikode granting anticipatory bail to writer Civic Chandran in a sexual harassment case.

A district sessions court in Kozhikode, while granting bail to Chandran had observed that the offence under sexual harassment is not prima facie attracted when the woman is wearing a "sexually provocative dress."

The state government, in its appeal has sought to remove the controversial remarks in the 12 August order of the Kozhikode Sessions Court while granting bail to the 74-year-old writer.

"The photographs produced along with the bail application by the accused would reveal that the de-facto complainant herself is exposing to dresses which are having some sexual provocative one. So Section 354A will not prima facie stand against the accused," the court had said while granting the writer bail.

The appeal further states that the court's observation 'questions the survivor's right to freedom under the Constitution' and amounts to infringement of the personal liberty guaranteed under Article 21.

'Illegal, Unjust': Kerala Government

Kerala government also said that the court's findings "have the effect of potentially exposing the survivor to secondary trauma."

"The court below relied heavily on certain photographs of the victim which were published on social media and observed that the defacto complainant herself is exposing to dresses which are sexually provocative and therefore Section 354A will not prima facie stand against the accused. The above finding is per se illegal, unjust, and has the effect of potentially exposing the survivor to secondary trauma,” the state government said in its appeal filed by Additional Public Prosecutor P Narayanan, Bar&Bench reported.

The appeal citied a Supreme Court order which stated that the dress, behavior, or past “conduct”, or “morals” of the prosecutrix should not be considered while granting bail.

It also mentioned that the sexually provocative dressing of a victim cannot be considered a legal ground for absolving an accused from the charge of outraging the modesty of a woman, the report added.

Cases Against Civic Chandran

The 74-year-old social activist and writer, Civic Chandran, has been accused in two sexual harassment cases. The above mentioned case is by a young writer, who accused him of sexual harassment during a book exhibition in February 2020.

The other case is by a writer belonging to a Scheduled Tribe community, alleging sexual harassment by him during a book exhibition in April. On 2 August, he had obtained an anticipatory bail in this case filed against him.

(With inputs from PTI and Bar&Bench.)