Kerala decide behind ‘provocative dresses’ bail order strikes HC in opposition to switch
The decide who referred to a sexual harrassment accuser’s “provocative dresses” whereas granting bail to a writer-activist petitioned the Kerala High Court on Monday difficult his switch from the Kozhikode classes courtroom.
S Krishna Kumar stated in his petition that the worry of punitive motion–he was appointed because the presiding officer on the Kollam labour courtroom within the wake of his observations–would hit judicial officers’ morale and deter them from taking free and truthful selections.
It was on August 23 that top courtroom registrar-general P Krishna Kumar issued the switch listing, which included the switch of three different district-level judicial officers.
The observations that the decide made whereas granting anticipatory bail to Civic Chandran in two sexual harassment instances sparked outrage, prompting the state authorities to attraction within the excessive courtroom in opposition to the district courtroom’s order.
While granting Chandran bail within the first case, the decide noticed that offences below the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act wouldn’t prima facie stand in opposition to the writer-activist because it “is highly unbelievable that he will touch the body of the victim fully knowing that she is member of the scheduled caste”.
In the second case, the decide noticed that the cost of sexual harassment wouldn’t stand when the lady is sporting “sexually provocative” garments. “In order to attract Section 354 A (sexual harassment), there must be 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 remark. The photographs produced with the anticipatory bail application by the accused reveal that the complainant herself is exposing to dresses which are sexually provocative. Section 354 A will not prima facie stand against the accused,” he stated.
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