Kerala HC quashes transfer of judge who made ‘sexually provocative’ dress remark

The judge had made controversial comments while granting anticipatory bail to writer Civic Chandran in two sexual harassment cases.

While granting Chandran bail in the first case, the judge had observed that offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act would not prima facie stand against the accused as it “is highly unbelievable that he will touch the body of the victim fully knowing that she is member of the Scheduled Caste”.

In the second case, the court had observed that the offence of sexual harassment would not stand when the woman is wearing “sexually provocative dresses”. “In order to attract Section 354 A (sexual harassment), there must be physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favours. There must be a sexually coloured remark. The photographs produced with the anticipatory bail application by the accused reveal that the complainant herself is exposing to dresses which are sexually provocative. Section 354 A will not prima facie stand against the accused,” the court had said.

In September, the judge had approached the court, challenging the transfer order. Kumar had said that the punitive action would hit the morale of judicial officers and the fear of punitive action would deter them from taking free and fair decisions on cases which come up for their consideration.

In his appeal before the division bench, the judicial officer had challenged the single bench stand that transfer norms are only guidelines and that it would not confer any right on the transferred employee. He said his transfer was not in the interest of the administration of justice.

Meanwhile, last month, the high court had cancelled the anticipatory bail granted to Chandran.

The high court acted upon petitions moved by the state government and the complainant woman, a Dalit, who challenged the order of Kozhikode district sessions court, granting anticipatory bail to Chandran in August this year. The high court said if Chandran is arrested, he should be produced before a court, which in turn, should consider his bail application on the same day. Subsequently, he was arrested and released on bail.