Sexual Harassment Complaint Will not Prima Facie Stand if the Woman was Wearing a “Sexually Provocative Dress - Kerala Court

Case: Civic Chandran @ C V Kuttan v State of Kerala

Court: Sessions Judge, S Krishna Kumar of Kozhikode court, Kerala

A Kozhikode court held that a case of a sexual harassment complaint will not prima facie stand if the woman was wearing a “sexually provocative dress”. In order to attract the offense under Section 354, there must be some unwelcome sexual advances but in this case, the photographs of the complainant show her in provocative dresses. 

The Court was hearing an anticipatory bail of Civic Chandran an activist and author, in a sexual harassment case. According to the Court, Chandran, a physically disabled man in his 70s, could not have sexually assaulted the complainant due to his physical limitations.

As per the prosecutor, the complainant was attending a camp convened by Chandran, he caught her hand and forcefully sexually assaulted her. 

He argued that the complaint was fabricated by some of his enemies to ruin his reputation. He also pointed out that more than two years had passed since the complaint was lodged. Some photographs reveal that the complainant was wearing sexually provocative clothes.

In opposition to bail, the Public Prosecutor argued that the accused has a habit of molesting women and this is his second case of sexual harassment.

The Court, however, granted Chandran anticipatory bail.