SEXUALLY PROVOCATIVE CLOTHES JUDGEMENT KERALA HIGHCOURT
SEXUALLY PROVOCATIVE CLOTHES
WRITTEN BY-Kaushiki Kumari
4th Year, BA-LLB
Dr CV Raman University
Edited By: Yash Jain
5th Year BBA LLB
Amity University, Noida
INTRODUCTION
One thing that I observe in every woman is the fear to style and dress up like they actually want to, fear of wearing the wrong thing, fear of not being “approved by the general society”. fear of putting out themselves freely and making themselves feel good in their own skins but instead being judged and mocked for making a decision, which is quite normal in our society to crush the efforts and ideology of a woman to be herself intentionally or unintentionally. While we may not purposely think of it, but while trying out something out of our normal comfort zone, those mocking thoughts always find their way back to our minds”how will I look in this…….?” Can I pull this off? people will think i'm full of myself” is it us the women who actually had these thoughts inbuilt in our minds or is it what we have observed or told upon these years “dress properly,”har jagah ka alag pehnawa hota hai” why not instead “har insaan ki alag pasand hoti hai”.
IS RIGHT TO FREEDOM GENDER BIASED?
Even after
75 glorious years of independence we are still stuck on this discussion whether
a woman can make her own decisions , can she wear what she likes or the
character of a woman
Will always be judged by the length of her clothes. The question whether a
women is entitled to her right to live as she wants, rises every now and then
and one such incident was recently objectified in kerala the civic chandran
case, In this case on 8.2.2020, there was a cultural camp on Nandi beach, and
after the function, the victim was taking rest near the seashore, and it was
alleged by her that Civic Chandran forcefully embraced and outraged her
modesty.
In a order given by the Kozhikode Sessions Court on 12th of August this year
had observed that the photograph of the complainant, produced by the accused
along with the bail application, would explain that she "herself is
exposing to dress byes which are having some sexual provocative one". the
accused was a activist and 2 similar sexual assault cases were registered
against him and in one such case he got anticipatory bail. District Session
Court in Kerala triggered a row of conflicting opinions after its verdict that
the offence under sexual harassment is not prima facie attracted when the woman
was wearing a "sexually provocative dress". The state women
commission strongly deplored the ruling.
The case addressed section 354A of IPC (punishment for sexual harassment) but while addressing the bail plea by the accused would reveal that the defacto complainant herself is exposing to dresses which are having some sexual provocative one. So sexual 354A will not prima facie stand against the accused. Following which the district court granted bail to the accused stating that the victim was wearing SEXUALLY PROVOCATIVE clothes, this is just one such example many womans are a victim of sexual violence but are scared to come out because of the society ‘LOG KYA SOCHEGE’ and even if she tries to put a foot forward, she is either stopped or blamed, for making a decision. Be it beyond centuries or now our society has always meddled with women to secure the dignity of a society, is it fair to a woman or the same society which has given equal rights to every citizen in its constitution.
After a lot of hue and
cry, the high court of kerala took the command and expunged the “provocative
dress” remark of kozhikode sessions court, but couldn't resist the pre-arrest
bail.
Kerala High Court: In a criminal miscellaneous petition filed to set aside the order granting pre-arrest bail by the Sessions Court to Civic Chandran for offenses under Sections 354 and 341 of the Penal Code, 1860 (IPC), Kauser Edappagath, J. has observed that even though the reason shown by the Sessions Court for granting pre-arrest bail cannot be justified, but the order granting pre-arrest bail cannot be set aside. Therefore, the Court confirmed the pre-arrest bail granted by the Sessions Court to Civic Chandran, subject to certain conditions.
The court viewed that everyone has a freedom to wear whatever he/she wants to wear as per the laws of the land. Objectifying women by her clothes can never be justified and there is no reason for judging women for their choice of dressing. Furthermore, the norms that categorize women based on her attire and expressions can never be tolerated and there cannot be any thought that women dress only to lure male attention.
It was also viewed that it is very
wrong and not at all livable that a women is sexually assaulted just because
she was wearing something that the society doesnt approve off. and dressing in
a particular way cannot be stated as a ground to acquit an accused from the
charge of outraging a woman's modesty. moreover, the right to wear anything is
a natural freedom extended personal freedom to every citizen to the country
under the CONSTITUTION OF INDIA, and even if a women wears a sexually
provocative clothe it doesnt give right to the men to dishonour or outrage her
modesty.
The Court referred to the ruling in Aparna Bhat v. State of M.P., 2021 SCC
OnLine SC 230, wherein it was held that “discussion about the dress, behavior,
or past conduct of the victim should not enter the verdict while granting bail
to the accused ”, thus it was viewed that the remarks in the impugned order
regarding provocative dress of the victim cannot be sustained, and they are
hereby deleted.
All these incidents have always
spoken about the reverse mindset of the society that it questions the modesty
of each woman by the length of her dress, even in the 21st century when women
are equally as capable as men, and have achieved equal milestones still the
fingers are always pointed towards
women, but is it right sabotage decisions of women, i guess everybody
knows it is not but it is yet so far a milestone to reach and as a society it
is our responsibility to know that right to freedom is the right for all it
does not carry any gender. There is freedom in knowing you are being authentic
to who you are And it is well said that “You’ll become the envy of many around
you for being so bold (and looking so fierce!).” so womens be bold and become
who you are. society will adjust.
REFERENCE
•https://www.scconline.com/blog/post/tag/sexually-provocative-dress/
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