https://www.indiatoday.in/law/lower-courts/story/unbelievable-he-will-touch-knowing-her-caste-kerala-court-bail-sexual-assault-case-1989550-2022-08-18
Two sexual harassment were filed against Civic Chandran this year (Photo: Facebook)
A Kerala court on Thursday granted anticipatory bail to social activist and writer Civic Chandran in a sexual assault case while observing that offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act would not stand against the accused as it "is highly unbelievable that he will touch the body of the victim fully knowing that she is a member of Scheduled Caste".
Referring to various sections of the SC/ST Act, the Kozhikode Sessions court said the accused should have knowledge that the victim belongs to the SC/ST category and that such an act is of a sexual nature and without consent for the case to stand.
The complainant, a Dalit writer, had alleged that Chandran revealed his love for her and kissed her on the back of her neck.
While granting anticipatory bail, the court observed, "It is highly unbelievable that the touching or hugging as alleged by the victim that the accused had any knowledge about her caste, the accused is a reformist and is engaged in social activities and he is against the caste system. He is writing and fighting for a casteless society. In such circumstances, it is highly unbelievable that he will touch the body of the victim fully knowing that she is a member of the Scheduled Caste."
Considering the age and health condition of the accused, it cannot be believed that he kissed the back of the woman, who is taller than the accused, the court said.
The court also observed that both had a cordial relationship and that the case was to "tarnish the status of the accused in society."
"It is not at all stated in the first information statement that the act of the accused was with the knowledge that the victim belonged to a member of SC. The copy of the SSLC book of the accused shows that he had refused to mention the caste name in it," the court added.
Incidentally, another case was filed by the Dalit writer against the accused. While granting Chandran anticipatory bail in that case on August 12, the same court observed that the offence under Section 354 (A) (sexual harassment) of the Indian Penal Code (IPC) would prima facie not be attracted when the woman was wearing "sexually provocative dresses".