"Sexually Provocative Dress'- Kerala High Court Stays Sessions Court Order Granting Bail To Writer-Activist Civic Chandran In A Sexual Harassment Case

The Kerala High Court on Wednesday, in the plea moved by the State Government challenging the anticipatory bail granted to the author and social activist Civic Chandran in a sexual harassment case, has stayed the order of the Sessions Court granting bail. 

Justice Kauser Edappagath remarked that the observation of the lower under Section 354A of the Indian Penal Code is not prima facie attracted when the woman was wearing 'sexually provocative dresses' cannot be justified. 

The Kozhikode Sessions Court order, which was passed on August 12, had created a massive social outrage as it had observations to the effect that sexual harassment complaints would not stand if the woman was wearing a "sexually provocative dress".

In the Criminal Miscellaneous Petition filed under Sections 482 read with 439(2) of the Code of Criminal Procedure, the State challenged the findings and reasoning given by the Sessions Court as suffering from "illegality, lack of sensitivity, sobriety and perversity".

The Prosecution Case is that in February 2020, the accused made sexual advances toward the de facto complainant, who is a young female writer and tried to outrage her modesty in a camp convened at Nandi beach. The Koyilandi police have registered a case against the accused for offences under Sections 354A(2), 341 and 354 of the Indian Penal Code. 

During the course of the investigation, the accused had sought anticipatory bail, and despite the objection from the prosecution and the victim, bail was granted. While granting anticipatory bail, the Lower Court had observed that the offence under Section 354A of the Indian Penal Code is not prima facie attracted when the woman was wearing 'sexually provocative dresses'.

When the matter was taken up by the Court, the Court observed that prima facie, it appears that there is an improper exercise of jurisdiction. Irrelevant materials are seen relied upon for granting the bail, observes the Court. 

There, the Court has stayed the impugned order of the Sessions Court. However, taking into consideration the age of the accused, the Court has directed that the accused not be arrested till the disposal of the Criminal MC. 

The Court has also called for the records of the Case from the Sessions Court. The matter shall be taken up after vacation. 

Case Title: State of Kerala v. Civic Chandran