Civic Chandran case: Court’s earlier order also draws flak

KOZHIKODE: After a Kozhikode sessions court order granting anticipatory bail to writer-activist Civic Chandran in a sexual harassment case raked up a controversy, an earlier order issued by the same court granting anticipatory bail to Chandran in another sexual harassment case filed by a Dalit writer also drew flak.
The earlier order had said that offences under the SC/ST (Prevention of Atrocities) Act would not prima facie stand against Chandran in the case, while the recent order had said that sexual harassment section won’t prima facie stand against the accused as the complainant was wearing a “sexually provocative dress”.
District sessions court judge S Krishnakumar had in the order dated August 2 said that a copy of Chandran’s SSLC book showed that he had refused to include his caste name. The court added that in such a circumstance “it is highly unbelievable that he will touch the body of the victim fully knowing that she is a member of a Scheduled Caste”.
“In order to attract the offence under Section 3(1)(w)(i) it has to be established that the act of the accused was with the knowledge that the victim belongs to an SC or ST community. Here the available materials clearly show that this is an attempt to tarnish the status of the accused. He is fighting against the caste system. So offences under Section 3(1)(w)(i) and 3 (2)(va) of the SC/ ST (Prevention of Atrocities) Act will not prima facie stand against the accused,” the order said.