Sexual harassment charge will not prima facie stand when woman was wearing ‘sexually provocative dresses’, says Kerala court

A district sessions court in Kozhikode made the observation while granting anticipatory bail to writer and social activist Civic Chandran in an alleged sexual harassment case.

Kozhikode : Granting anticipatory bail to writer and social activist Civic Chandran in a sexual harassment case, a district sessions court in Kozhikode observed that the offence under Section 354 (A) (sexual harassment) of the Indian Penal Code would prima facie not be attracted when the woman was wearing ‘sexually provocative dresses’.

Chandran, who had furnished photographs of the complainant along with the bail plea, was granted anticipatory bail on August 12. Earlier, on August 2, he had obtained anticipatory bail in another sexual harassment case filed against him.

Referring to the photographs of the woman, the court said, “It would reveal that the de facto complainant is herself exposing to dresses which are having some sexual provocative one. So, Section 354A will not prima facie stand against the accused.”

The court observed that from the wordings of Section 354, it is very clear that there must be an intention on the part of the accused for outraging the modesty of a woman. “In order to attract this Section, there must be a physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favours. There must be a sexually coloured remarks,” the court observed.

Chandran had alleged that the woman had raised a false complaint against him. Referring to the alleged incident that took place in April this year, Chandran said the complainant had come with her boyfriend in the presence of many others and nobody had raised such complaints against him.