Shashwati Chowdhury
Published on: August 24, 2022 at 22:23 IST
The Kerala judge who controversially delivered that a sexual harassment case would not be supported by the evidence if the victim was dressed in a “sexually provocative dress” has been transferred.
The verdict’s Additional District and Sessions Judge, Kozhikode S. Krishnakumar, has been promoted to preside over the labour court in the district of Kollam.
A notice to that effect was posted on the Kerala High Court website.
According to the notice, three other judges have also been transferred, and the transfer is a regular practise for judicial officers.
“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 coloured 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 Court had stated.
When granting activist Civic Chandran bail in a sexual harassment case, Judge S Krishna Kumar of the Session Court stated that while the photographs of the complainant “showed her exposing herself in provocative dresses,” there must be some unwelcome sexual advances for the offence under Section 354A of the Indian Penal Code.
Offenses punishable under Sections 354 A(2), 341 and 354 of the Indian Penal Code were alleged to have been committed by Civic Chandran.
The prosecution said that on February 5, 2020, at 5 o’clock, “Nilanadatham” planned a cultural camp at Kadal Veedu at Nandi Beach. After the function, the accused forcibly embraced the de facto complainant and asked her to sit on his lap as she rested near the ocean. Additionally, the accused violated the woman’s modesty by pressing her breast.
The order of the Sessions Judge had sparked indignation, prompting requests to sensitize court officers from within the legal community.
