Another controversial order by Kerala court which sparked row with observation in sexual harassment case

A day after a sessions courts observation that sexual harassment offence was not attracted when the woman was wearing a sexually provocative dress triggered a row in Kerala another controversial order by the same judge regarding the applicability of the SCST Act came to light on ThursdayIn an order dated August 2 the sessions judge granted bail to 74yearold social activist and writer Civic Chandran in a case under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act SCST Act by saying that offences under this statute would not prima facie stand against him as he was fighting against the caste systemThe same judge on August 12 granted bail to the same accused in a sexual abuse case observing that the offence under sexual harassment is not prima facie attracted when the woman was wearing sexually provocative dressThe Kozhikode Sessions Court had observed that the photograph of the complainant produced by the accused along with the bail application would explain that she herself is exposing to dresses which are having some sexual provocative one and it is impossible to believe that a man aged 74 and physically disabled can forcefully put the complainant on his lap and sexually press her breastAlso Read No prima facie sexual harassment if womans dress is provocative Kerala courtMeanwhile criticism against the August 12 order continued to pour in from the state and various parts of the country with National Commission for Women NCW chairperson Rekha Sharma and senior CPIM Politburo member Brinda Karat strongly condemning the sessions court judges observationThe observations of the Kozhikode sessions court regarding a complainants clothes while granting bail in a sexual harassment case are extremely unfortunate and ncwIndia strongly condemns it The court has overlooked the far reaching consequences of such an order Sharma tweetedKarat speaking to mediapersons in Delhi said The higher judiciary should take note of the comment and observations by the Kerala sessions court and take the requisite actionWill the higher judiciary take any measures to restore the confidence of women who are victims of sexual abuse in the courtsKerala Women and Child Development Minister Veena George also criticised the sessions judges order by terming it as unfortunateSpeaking to the media she said that such orders and observations could lead to the public losing their trust or faith in the judiciary which should not happenThe order is also antiwomen she said and added that we should move forwards and not backwardsAnother senior woman CPIM leader and Politburo member Subhashini Ali too appeared to hold a similar view when she told the media in Delhi that such orders judgements and comments only increase the insecurity of women in our society and also increase the violence they are facingThe sessions court had in its August 12 order said that to attract IPC Section 354 A Sexual harassment and punishment for sexual harassment there must be physical contact and advances involving unwelcome and explicit sexual overtures there must be demand or request for sexual favours and there must be a sexually coloured remarksThe 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 accusedEven admitting that there was a physical contact it is impossible to believe that a man aged 74 and physically disabled can forcefully put the defacto complainant in his lap and sexually press her breast the court had observed and granted bail to the accused saying it was a fit case wherein the accused can be granted bailChandran has been accused in two sexual harassment cases one by a writer and belonging to a Scheduled Tribe community alleging sexual harassment by him during a book exhibition here in AprilThe other was by a young writer who accused him of sexual harassment during a book exhibition in town in February 2020The Koyilandy police had registered cases against Chandran but had not been able to arrest him as he has been at large since the first case was registeredChandran was granted anticipatory bail in the first case on August 2This story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever