Kerala HC Stays Controversial “Provocative Dress” Order Against Civic Chandran

Civic Chandran Law Insider

Tanisha Rana

Published on: 25th August, 2022 at 21:16 IST

The Kerala High Court stayed the controversial “provocative dress” order given by the Kozhikode Sessions Court against Civic Chandran in a sexual harassment case.

The Sessions Court judge had held that a sexual harassment case cannot prima facie stand if the victim was wearing a “sexually provocative dress”.

The Honble Justice Kauser Edappagath of the Kerala High Court observed that the judge of the sessions court have seemed to relied only on irrelevant material while passing the controversial order.

However, the court made it clear that due to the age of Civic Chandran, he shall not be arrested, until the matter is heard by the high court. The order stated,

“Considering the age of the accused, he shall not be arrested till the disposal of this matter.”

The Kerala Government had moved a plea challenging the bail order given by the sessions court to Civic Chandran. Chandran was charged with committing punishable offences under Sections 354 A(2) &341 and 354 of the IPC.

The petition filed by the State challenged the reasonings and findings given by the Sessions Court as suffering from “illegality, lack of sensitivity, sobriety and perversity”. The petition was filed under Sections 482 and 439(2) of the CPC.

The high court has also asked for the records of the case from the Kozhikode Sessions Court. Also, the sessions court judge who gave the impugned bail order has been transferred to labour court.

The matter will now be taken up after the vacation.

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