The Kerala judge, S Krishnakumar, who delivered the controversial order that sexual harassment would not prima facie stand if the survivor was wearing "sexually provocative dress", has been transferred.
The additional district and sessions judge, who was posted in Kozhikode, has been transferred as presiding officer of labour court in Kollam district.
The order, posted on Kerala High Court website, said that three others have also been transferred along with Krishnakumar.
The Controversial Order
The judge's order in the bail hearings of Civic Chandran – a well-known activist, writer and former Maoist, in two sexual harassment cases, has drawn wide criticism.
First Case: A Dalit writer complained to the police that Chandran had tried to kiss her on her neck and outraged her modesty on 17 April.
Second Case: A woman alleged that Chandran sexually harassed her in 2020 at a poetry camp at Kozhikode’s Nandi beach.
In the first case, he observed that a case of sexual harassment complaint under Section 354 of Indian Penal Code (IPC) will not prima facie stand as the woman was wearing a “sexually provocative dress."
In the second order, the same court held that because the accused is a reformer who is engaged in social activities against the caste system, “it is highly unbelievable that he will touch the body of the victim fully knowing that she is a member of a Scheduled Caste."
While granting bail to Chandran, the court also noted that while Chandran was “74,” the woman has a “well-built body and aged 42” and is “taller” than Chandran.
“Considering his age and poor health condition,” the order said that it cannot be believed that the accused kissed her on the back of her head without her consent.
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