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Kerala judge who linked sexual harassment with outfit, caste transferred
On Wednesday, the Kerala high court set aside the two bail orders granted to writer Civic Chandran in both cases, and criticised the controversial observations made by judge S Krishnakumar.
In the span of two days last week, a district judge in north Kerala’s Kozhikode sparked outrage with controversial decisions in two sexual harassment cases against the same man. In two separate bail orders, the judge linked the alleged crime to the clothes worn by the complainant in one case, and the caste of the victim in the other. The remarks stoked a wave of condemnation from activists, rights groups and civil society.
On Wednesday, the Kerala high court set aside the two bail orders granted to writer Civic Chandran in both cases, and criticised the controversial observations made by judge S Krishnakumar. His two-month tenure at the helm of the district and sessions court in Kozhikode also came to an abrupt end as the high court registrar general transferred him to a labour court in south Kerala’s Kollam district.
“Prima facie it appears there was an improper exercise of jurisdiction by the sessions judge while granting bail to the accused. Irrelevant materials of substantial nature are seen relied on to grant bail,” the high court said in its order. “The finding of the impugned order that Section will not be prima facie attracted if the victim was wearing sexually provocative dress cannot be justified. In these circumstances, the impugned order shall stand stayed till the disposal of this petition.”
After the high court’s order, the complainant in the first case told HT: “It is a big relief. I will take my fight to its logical conclusion.”
Two sexual harassment cases were filed against 74-year-old Chandran earlier this year, one by a Dalit writer and another by a woman publisher. In the first case, the court granted the 74-year-old writer bail on August 2 andsaid charges under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act wouldn’t prima facie stand because “is highly unbelievable that he will touch the body of the victim fully knowing that she is a member of Scheduled Caste”. That order was made public on August 2.
In the second case, the judge granted Chandran bail on August 12 but controversially said that the offence of sexual harassment wasn’t made out if the woman was wearing “sexually provocative” clothes. Referring to photographs of the complainant produced by Chandran’s counsel along with his bail plea, the court said the images “reveal that de facto complainant is herself exposing to dresses which are having some sexual provocative one”. “So section 354 (A) will not stand against the accused,” the judge added. That order was made public on August 12.
After the orders sparked outrage in the state, the state government moved the high court last week and sought to omit the controversial remarks, saying they “lack insensitivity and sobriety”.
The single bench of justice Kauser Edappagath, however, directed the police not to arrest Chandran immediately considering his age, and said the court will examine all records pertaining to the case.
The high court also issued a notice to Chandran to appear before it in the other sexual harassment case filed by a Dalit writer, who contended that while granting bail to the accused “the lower court had made some illegal references and observations”.
The National Commission for Women and several activists and writers had deplored the controversial observations of the judge and sought the intervention of the high court.
Other than Krishnakumar, three other judges were transferred. Kollam labour court judge CS Mohit was shifted to Ernakulam labour court, Erankulam additional judgeC Pradeep Kumar toManjeri district court, and Manjeri district and sessions judge S Muraleekrishna to Kozhikode, according to the HC register general’s office. ‘
Activists welcomed the action by the court. “We welcome the HC’s intervention. But I personally feel some judges also need lessons on gender equality,” said an activist K Ajitha.
