The case was registered by Koyilandy police under IPC Section 354A (2) (punishment for sexual harassment), 341 (punishment for wrongful restraint) and 354 on a woman’s complaint that Chandran sexually harassed her and tried to show her modesty at a camp in Nandi beach, Kozhikode, on February 8, 2020.
The Court also found that the wording of IPC Sec 354 makes it clear that the defendant must have intended to offend a woman’s modesty. In addition, in order to attract the sexual harassment department, there must be physical contact and advances regarding unwelcome and explicit sexual acts. It also finds that it is a settled clause of the law that when there is a long delay in filing an FIR, it must be reasonably construed.
Chandran was released on bail on August 2 in another case registered by Koyilandy police alleging that he sexually assaulted a young female author in April when the woman, along with Chandran and others, meet at a house in Koyilandy in connection with her book publishing function.
PV Hari supports and Sushama USA appeared for Chandran on both bail applications.
The observations in the judgment drew strong criticism from Kerala state committee chairwoman and women’s activists. Chairwoman of the Women’s Committee P Sathidevi “It’s a matter of great concern that courts are justifying barbaric attacks against women by pointing to things like dress, which is a very personal matter.”
“Instead of looking at the circumstances that need to be considered while on bail, the act of granting bail comes to the conclusion that the case itself is unsustainable and cannot be admissible. In a way, by making such remarks, the court dismissed the allegations made by the complainant even before the trial. It would convey a very false message in serious cases like sexual assault,” she said.
President Anweshi K Ajitha said the view that women dress provocatively as the cause of sexual assaults against them is “absolutely anti-women and reflects the patriarchal ideology prevalent in the community.” society”.
State Secretary CP Pramod of the All India Bars Union issued a statement saying that the trial order did not follow the law and called on the high court to review it.
