Civic Chandran bail: State government to move Kerala High Court challenging 'provocative dress' order in sexual harassment case

The Kerala government will move the Kerala High Court challenging the anticipatory bail granted to writer-activist Civic Chandran in two cases of sexual harassment..On August 2, Chandran was granted bail in a case alleging commission of sexual harassment punishable under Sections 354, 354 A(1)(ii), 354 A(2), 354 D(2) of Indian Penal Code (IPC) and relevant provisions under the SC/ST (Prevention of Atrocities) Act, 1999.While granting bail in the matter, Kozhikode Sessions Judge S Krishnakumar, observed,"It is highly unbelievable that the touching or hugging as alleged by the victim that the accused had a knowledge (sic) about her case, the accused is a reformist and is engaged in social activities against the caste system. He is writing and fighting for a casteless society. In such a circumstance, it is highly unbelievable that he will touch the body of the victim fully knowing that she is a member of scheduled caste."Ten days later, on August 12, the same judge granted him bail in another case involving offences punishable under Sections 354A(2) (sexual harassment), 341 (wrongful restraint) and 354 (assault or criminal force to woman with intent to outrage her modesty) of the IPC.In the order granting bail, the judge observed that a case of sexual harassment complaint Section 354A of the Indian Penal Code (IPC) will not prima facie stand if the woman was wearing a “sexually provocative dress”“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 sexually colored remarks. The photographs produced along with the bail application by the accused would reveal that defacto complainant herself is exposing to dresses which are having some sexual provocative one (sic). So Section 354A will not prima facie stand against the accused," the Court said.The Court further opined that it is impossible to believe that Chandran, a physically disabled man in his 70's, would have been able to sexually assault the complainant."Even admitting that there was physical contact it is impossible to believe that a man having aged 74 and physically disabled can forcefully put the defacto complainant in his lap and sexually press her breast. So it is a fit case wherein the accused can be granted bail,” the order said..Both orders have been subject to severe criticism and condemnation, especially online, and from within the legal fraternity.The most critiqued aspect was the court's reliance on what it considered to be the survivor's tendency to wear "sexually provocative" clothes to arrive at a prima facie conclusion that a case of sexual harassment is not made out..Sources confirmed to Bar & Bench that the appeal against the first order will be filed today and the one against the second order will be moved on Monday next week.