Government Appeals Controversial Bail Order In Sexual Harassment Case
Judgement Given On : 22/04/2022
In a recent development that has sparked controversy, the Kerala government has appealed in the Kerala high court against a bail order issued by Kozhikode Sessions court judge S Krishnakumar. The order pertains to social activist and writer ‘Civic’ Chandran, who has been accused of sexual abuse against a Dalit woman. The government argues that the bail order is “illegal” and riddled with errors, prompting them to seek intervention from the High Court. Civic Chandran is facing allegations of sexual harassment in two separate cases. The first case involves accusations of sexual abuse against a Dalit woman, and the second case pertains to alleged harassment of a young writer during a camp at Nandi Beach in February 2020.
The contentious bail order, issued on August 2, granted bail to Civic Chandran based on the judge’s perception that he was actively opposing the caste system. The judge found it highly improbable that Chandran, with his anti-caste advocacy, would sexually assault a woman belonging to the Scheduled Caste. The judge’s ruling essentially implied that offences under laws meant for the protection of Scheduled Castes and Tribes would not prima facie apply to Chandran.
The Kerala government contends that the lower court’s judgment is flawed on multiple fronts, asserting that it is both illegal and plagued by manifest errors. They argue that a thorough examination of the victim’s statement and the results of the investigation indicate Chandran’s complicity, providing ample grounds for prosecution.
In a related case involving Chandran, the same judge made remarks that have sparked further controversy. In this case, where Chandran was accused of harassing a young writer, the judge suggested that a sexual harassment charge might not hold if the woman involved was wearing a sexually provocative outfit. This comment arose in response to photographs submitted by Chandran as part of his bail application.
This case underscores the critical importance of judicial impartiality, sensitivity, and adherence to established legal principles when handling matters of sexual harassment. The appeal by the Kerala government seeks to address concerns surrounding the controversial bail order and the potentially damaging remarks made during the legal proceedings. As the case unfolds, it raises significant questions about the intersection of social activism, legal interpretation, and the rights of victims in cases of sexual harassment.