In the sexual harassment case, the first order of the Sections Court, which granted anticipatory bail to the author and activist Civic Chandran, is also under criticism. The court has come under fire for granting bail in Civic Chandran’s first case as well.
The court ruled that a person who has no caste listed in the SSLC book will not be subject to the SC-ST Act. The fact that she was a woman from a Scheduled Caste was not known to the perpetrators of the violence. The court has noted that everyone is on an equal footing with the law. Additionally, the constitution’s creators aimed to establish a caste-free society. She is not a thoughtless person, the Kozhikode District Sessions Court further noted.
A Dalit lady who is a writer and teacher who made a harassment complaint had Civic Chandran granted anticipatory bail by the court. WhatsApp messages that Civic Chandran had sent to the woman were submitted by the prosecution. However, after taking into account the defence’s claim that the Scheduled Castes Prevention of Atrocities Act would not be upheld, the Sessions Court granted anticipatory bail.
The claim that the physically challenged 74-year-old accused pushed the plaintiff to lie on his lap and attempted to touch her private parts is untrue, the court added. The court further stated that there must be sufficient proof of a woman’s honour and dignity having been violated to launch a case under Section 354 of the law.
Section 354A addresses sexual harassment and the associated penalties. According to the court, if there has been non-consensual physical contact, overt sexual actions, attempts at sexual assault, sexually suggestive remarks, demands, or requests expressing sexual interest, a case may be launched under this clause.