The Kerala High Court on Thursday observed that objectification of women based on the clothing they chose to wear cannot be justified, and norms that categorise women based on their choice of attire cannot be tolerated [State of Kerala v Civic Chandran].
Justice Kauser Edappagath underscored that everyone has the freedom to wear what they want subject to the law of the land.
“Everyone has the freedom to wear whatever he/she wants to wear subject to the laws of the land. Objectifying women in regard to what she wears cannot be justified. There is no reason why a woman should be judged by her clothes. Norms that categorize women based on their attire and expressions can never be tolerated,” the High Court said.
The Court made the observations while expunging the infamous ‘provocative dress’ remarks made by a Kozhikode Sessions Court while granting bail to a sexual harassment accused.
Even if a woman wears a sexually provocative dress, that cannot give a licence to a man to outrage her modesty.
The Court stressed that sexually provocative dressing cannot be construed as a legal ground to absolve a person accused of insulting the modesty of the woman.
“There cannot be any thought that women dress only to lure male attention. It is wrong to say that a woman was sexually assaulted just because she was wearing provocative clothes. Sexually provocative dressing of a victim cannot be construed as a legal ground to absolve an accused from the charge of insulting the modesty of a woman. The right to wear any dress is a natural extension of personal freedom guaranteed by the Constitution of India. Even if a woman wears a sexually provocative dress, that cannot give a licence to a man to outrage her modesty,” the order stated.
There cannot be any thought that women dress only to lure male attention.
The Court made these observations while hearing an appeal moved by the Kerala government challenging the order granting bail to activist Civic Chandran who was charged with committing offences punishable under sections 354 A(2) &341 and 354 of the Indian Penal Code.
The Sessions Court order passed by judge S Krishna Kumar stated that sexual harassment case would not prima facie stand if the victim was wearing a “sexually provocative dress”.
“In order to attract this Section, there must be a physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favours. There must be sexually colored remarks. The photographs produced along with the bail application by the accused would reveal that defacto complainant herself is exposing to dresses which are having some sexual provocative one (sic). So Section 354A will not prima facie stand against the accused,” the order of the Sessions Court said.
Yesterday, the Court upheld the grant of anticipatory bail to Chandran but expunged the controversial observations.
In its order, the Court reiterated the views of the Supreme Court in Aparna Bhat v State of Madhya Pradesh – that the dress, behaviour, or past conduct of the victim should not enter the verdict while granting bail to the accused and the judges should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.
“The Apex Court in Aparna Bhat (supra) has held that discussion about the dress, behaviour, or past conduct of the victim should not enter the verdict while granting bail to the accused. It was further observed in the said judgment that the Judges should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court. For these reasons, the remarks in the impugned order regarding provocative dress of the victim cannot be sustained and they are hereby expunged,” the order stated.
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