‘Highly deplorable’: Kerala government moves HC against judge’s ‘sexually provocative dress’ remark

The Kerala government on Monday approached the High Court, seeking to set aside an order of the Kozhikode Sessions Court that granted anticipatory bail to author Civic Chandran in a sexual harassment case, Live Law reported.

While granting bail to Chandran, a Kozhikode Sessions Court judge S Krishna Kumar said that the law about outraging a woman’s modesty does not apply if she was wearing a “sexually provocative dress”.

It was also impossible to believe that the 74-year-old author, who is physically challenged, could forcefully pull the woman into his lap and “sexually press her breast”, the judge added.

The order sparked outrage, with the National Commission of Women chairperson Rekha Sharma saying the “court has overlooked the far-reaching consequences” of such comments.

The state government, in its plea, submitted that the order was illegal, unjust and could cause trauma to the complainant.

“The findings and observations made by the Court of Sessions are highly deplorable, demeaning and anti-women and it would eventually harm the public trust in the judicial system,” the petition added, according to News18. “The order passed by the learned Sessions Judge is beyond his powers and jurisdiction.”

Urging the High Court to remove Kumar’s comments, the state government said that the observations are “revolting to logic and reason”.

Second case

In another order that granted anticipatory bail to Chandran on August 2 in a different sexual harassment case, Kumar had said it is “highly unbelievable that he will touch the body of the victim fully knowing that she is a member of Scheduled Caste”.

In July, a Dalit woman writer accused him of attempting to molest her. The author was booked under Section 354 of the Indian Penal Code as well as provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

However, Kumar held that for the Atrocities Act to be applicable, the accused person would have to know that the woman belonged to a Scheduled Caste or Scheduled Tribe.

The Kerala government on August 19 moved the High Court against these remarks, saying that the question as to whether the author knew about her caste could be answered only after interrogating him.

The government also contended in the appeal that the sessions court should have considered the possibility that a delay in filing the complaint may have taken place as the woman was in a state of mental trauma.