Civic Chandran bail: City women activists say it is a case of victim blaming

Rachana Ramesh | NT

Bengaluru

The recent granting of bail to Kerala-based author and social activist Civic Chandran in two sexual harassment cases has sparked a debate among the legal fraternity and feminists in the city.

 While granting bail, the Kozhikode sessions court had observed that the offence under Section 354 (A) (sexual harassment) of the Indian Penal Code would prima facia not be attracted when the woman was wearing “sexually provocative dress.”

Chandran had produced photographs of the woman along with his bail application. The court said that according to the photographs furnished by the accused, the complainant herself was exposing to dresses which are having some sexual provocation. The court also expressed its disbelief that a 74-year-old physically handicapped accused could forcefully put the complainant in his lap and press her breasts.

 This had led to a heated discussion regarding victim blaming across various social media platforms. “If a bail is being given, the legal parameters must be taken into consideration – will the accused tamper with evidence, will they threaten the witnesses or abscond and not appear for investigation. None of these parameters are mentioned in the bail order, but it says that it is impossible for a 74-year-old man to commit the things he has been alleged of,” said Poorna, a city-based lawyer, adding that the recordings that should have been made in the trial order have already been pronounced by the court.

“These are emotional statements that the court must not be making. It must go by the letter of law. The reasoning that has been offered by the court does not fall within the legal parameters, which is disappointing to see,” she added.

 Providing the example of Bilkis Bano’s perpetrators being released, Poorna said that the system has been consistently failing women. “The very next day, the Kerala court order came to light. The whole system needs a feminist rehaul,” she said.

 “Here, a woman is considered a property that is to be covered and stowed away from the view of the public. The question of assertion of her bodily autonomy doesn’t even come into the picture,” said Aratrika, from the All India Students Association (AISA).

“Such a judgment is unfortunate, to say the least, but in my perception of the current situation in the country, it is not really unprecedented. India as a society may have gone through neoliberal economic forms whilst keeping in place the rotten feudal values that have and continue to flourish in our society, besides having a strong enough base in the judicial system itself,” she added.

“The victim cannot be held responsible for the crimes of a perpetrator. Sexual harassment is not about the clothes of a woman or a girl or a child. It is never about clothes. Sexual harassment is about power. Not about provocation,” said M D Pallavi, a popular singer.

Two sexual harassment cases have been filed against Chandran this year, and he has received anticipatory bail in both