A session court in Kozhikode said, “if the women wore a sexually provocative dress there will charge of sexual harassment.
The court observed by a district court in Kerala while giving anticipatory bail to a writer and activist civic Chandran alleged sexual harassment.
No Sexual Harassment Charge If Women Wore Sexually Provocative Dress – Kerala Court
“Section 345(A) of the Indian Penal Code (Sexual harassment) will not be applicable if the woman or the complainant was wearing the sexually provocative dress at the time of the incident”,
Sexual Harassment case
Chandran for the proof had photographs of the complainant which portrayed the complainant wearing a sexually provocative dress and based on that he was provided anticipatory bail on August 12.
Earlier he was given anticipatory bail on August 2 in a similar cases of sexual harassment case filed against him.
The court observed that Section 354(A) will not prima facie stand against the accused.”
Court referred to section 345(A)
The court said that as per section 345(A) it is very clear that the accused must have an intention to harass or molest a woman to apply these charges.
“To attract this Section, there must be physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favors. There must be a sexually colored remark,” the court said.
Chandran said that the woman has filed a false complaint against him.