The petitioners argued that the Sessions Court order was against the spirit of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

news Sexual harrasment Thursday, October 20, 2022 - 12:51

The Kerala High Court, on Thursday, October 20, canceled the anticipatory bail granted to activist Civic Chandran in a sexual harassment case. Justice A Badharudeen passed the order based on petitions filed by the victim and the state government challenging the Kozhikode Sessions Court’s order granting the activist anticipatory bail. Both petitioners argued that the Sessions Court order was against the spirit of the special law enacted for prevention of atrocities against those belonging to the Scheduled Castes and Scheduled Tribes. 

Chandran is the accused in two sexual harassment cases. The first is by a writer belonging to a Scheduled Tribe community, alleging sexual harassment by him during a book exhibition in Kochi in April. The second charge is by a young writer, accusing him of sexual harassment during a book exhibition in Kozhikode in February 2020.

Sessions Court Judge S Krishnakumar had made a controversial observation while granting bail in this case in August. The judge had said that since Civic Chandran was a reformist who worked against the caste system, it is “highly unbelievable that he would touch the body of the victim fully knowing that she belongs to the Scheduled Caste.” The government and the victim had opposed this observation. 

In another case against Chandran, the same judge had looked at an unrelated photograph of the victim and said that she “dressed in a sexually provocative manner” and that it is “impossible to believe that a man aged 74 and physically disabled would ever commit the offence.” 

The High Court expunged these remarks recently after both the state government and the victim approached the court for relief. Though Justice Kauser Edappagath cancelled the bail order by the Sessions Court, he granted Civic Chandran protection against arrest, taking his age into consideration. It is unclear if this condition has been extended in the current bail cancellation order too.

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