The Kerala High Court struck down comments made by a judge in Kozhikode that the statute prohibiting insulting a woman’s modesty does not apply if she is wearing “sexually provocative clothing.”
Judge S Krishna Kumar delivered a statement while granting anticipatory bail to author Civic Chandran in a case involving sexual harassment. The Honorable Justice Kauser Edappagath of the High Court removed the observation but affirmed the decision granting anticipatory bail.
The High Court ruled that a person’s clothing could not be used as a legal defence against molestation accusations. The High Court stated that the right to wear any attire is a natural extension of the personal freedom protected by the Constitution and a component of the fundamental right under Article 21 of the Constitution.
Even though a woman is dressed provocatively, a man cannot be given permission to violate her modesty. The Honorable Justice Edappagath stated that the accused’s incarceration was unnecessary given the facts and circumstances of the case as well as his age. The director of the prosecution’s assertion that the investigation into the subject was nearly complete was also noted by the court.
On August 12, the sessions court issued the decision granting Chandran bail. Judge Kumar had stated that it was impossible to think that the physically handicapped 74-year-old writer could drag the woman into his lap and “sexually touch her breast.” The order was challenged in court by the Kerala government.
The state government had stated in its appeal that the court’s comment about the woman’s wearing a “provocative outfit” was extremely regrettable and would damage public confidence in the legal system.
The petitioner has established a case for anticipatory bail, the court observed. The Director General of Prosecution stated that the case’s investigation was virtually complete. The court noted that an incarcerated interrogation would not be required after taking into account the case’s facts and circumstances and the accused’s age.
