Friday, June 2, 2023

Kerala Judge who delivered provocative dress verdict transferred to Labour Court

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The judge from Kerala judge, who delivered the controversial order saying  that if the victim was wearing a “sexually provocative dress the sexual harassment case would not prima facie stand has been transferred.

Justice S Krishnakumar, the Additional District and Sessions Judge, Kozhikode  who delivered the verdict has been transferred as Presiding Officer of Labour Court in Kollam district.

The notice has been published on the website of the Kerala High Court.As per the notification, the transfer is part of the routine transfer and posting of judicial officers and three other judges have also been transferred.

It was while granting bail to Civic Chandran in a sexual harassment case that the Session Court judge S Krishna Kumar passed an order stating that to attract the offence under Section 354A of the Indian Penal, there must be some unwelcome sexual advances but in the instant case, the photographs of the complainant showed her “exposing herself in provocative dresses”.

The Court said “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.”

Civic Chandran was charged with committing offenses punishable under sections 354 A(2) &341 and 354 of the Indian Penal Code.

The prosecution stated that in February 2020 at 5 pm, a cultural camp was organized by a group named “Nilanadatham” in Kadal veedu at Nandi beach. Post function while the complainant was resting near the sea shore,the accused forcefully embraced her and asked her to sit on his lap. The accused also outraging her modesty.

The Session Court Judges order led to outrage and the judicial officers were told to keep away from such remarks. The legal fraternity took this matter seriously.

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