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Kerala session court judge need lessons in gender sensitivity?

“Under Section 354, there must be physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favours. There must be sexually coloured remarks.”

By Pallav Jain
New Update
Keral session court judge order in sexual harassment case

Kerala's Kozhikode Sessions Court, while granting bail to an accused in a sexual harassment case, held that prima facie the case deserves to be dismissed if the woman was wearing provocative clothes. Sessions Court Judge Krishnakumar has given this shocking decision.

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What is the whole matter?

74-year-old Chandran was accused of sexual harassment by a woman in Kozhikode, Kerala. This molestation happened in the year 2020 during a writers conference. This writer was harassing the woman for a long time, after 2 years, the woman got fed up and filed a complaint in this matter in 2022.

Sessions Court Judge Krishnakumar made shocking remarks while hearing this case. The judge questioned the woman's filing of the report after two years and agreed with the submissions made by the accused. In which the accused Chandran had said that the woman was wearing very provocative clothes. Seeing the photographs submitted by Chandran, Sessions Court Judge Krishnakumar observed that there is no prima facie case against Chandran, accused under Section 354A of the Indian Panel Code.

The judge said that "looking at the photos shown by Chandran to the court, it seems that these are sexually provocative."

Krishnakumar raised doubts about the complaint’s version. “Even admitting that there was physical contact, it is impossible to believe that a man…aged 74 and physically disabled can sexually press her private part. So, the accused can be granted bail. “Under Section 354, there must be physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favours. There must be sexually coloured remarks.”

Session Court Order

The judgment given by the Sessions Judge is being criticized a lot. The victim will go to high court for the fair judgement.

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