3 weeks ago
Delhi High Court: teach boys conduct, don't dictate women's clothes
A young woman in Delhi, India, said a man kept following her, saying rude things and touching her cheeks without permission.
A lower court first said the man was not guilty, but the Delhi High Court looked at the case again.
The judge believed what the woman said happened.
In court, the man's lawyer asked the woman questions about her clothes, like whether she wore jeans.
The lawyer seemed to think her clothes could 'corrupt young boys.'
The judge said that idea is wrong.
The judge said every girl and woman can wear whatever she chooses, and nobody else may decide for her.
Instead, boys should be taught to behave well and respect other people.
The judge said everyone must be treated with dignity, in court and outside.
The man was found guilty of bothering the woman, and the judge will decide his punishment.
The Delhi High Court overturned a trial court's 2014 acquittal and convicted a man under IPC Section 354A(1)(i) in a 2013 sexual harassment case.
Justice Chandrasekharan Sudha ruled that a woman's clothing is her personal choice and 'simply none of their concern.'
The court called the suggestion that a woman wearing jeans could 'corrupt young boys' a 'deeply troubling and unacceptable mindset.'
The court cautioned that cross-examination is not a licence to 'insult, shame, intimidate or harass a witness,' and that clothing or character cannot discredit testimony.
The POCSO charge was not sustained because the complainant's underage status was not established; the accused must appear on August 12 for sentencing.
- Who
- Justice Chandrasekharan Sudha of the Delhi High Court, the accused man, and the complainant who was allegedly 17 at the time.
- What
- The Delhi High Court overturned the acquittal and convicted the man for sexual harassment under IPC Section 354A(1)(i), while ruling that a woman's clothing and character cannot be used to discredit her.
- Where
- Delhi, India.
- When
- The incident occurred on July 17, 2013; the trial court acquitted the accused on August 22, 2014; the high court judgment came on August 10.
- Why
- The court found the complainant's allegation of having her cheeks touched to be consistent and rejected arguments that her clothing or character should undermine her credibility.
Court's view
Defense's view
Women's clothing
Court's view
Clothing is a woman's personal choice and no one may dictate it; the suggestion that jeans could corrupt young boys reflects a deeply troubling mindset. Society should teach children to control their conduct.
Defense's view
The accused's counsel questioned the complainant about wearing jeans and a top, suggesting western clothes could corrupt young boys and that her clothing should affect how her evidence is seen.
Character and credibility
Court's view
Even a woman of 'easy virtue' is entitled to privacy and the protection of law; her evidence cannot be rejected based on her character.
Defense's view
The defense suggested that the complainant's character could affect whether she was entitled to protection from harassment, seeking to discredit her testimony.
Key facts
- Court
- Delhi High Court
- Judge
- Justice Chandrasekharan Sudha
- Incident date
- July 17, 2013
- Trial court ruling
- Acquittal on August 22, 2014
- Conviction
- IPC Section 354A(1)(i) - unwelcome physical contact and explicit sexual overtures
- POCSO charge
- Not sustained - complainant's age not established
- Next hearing
- August 12 - sentencing
- Key observation
- A woman's clothing is her personal choice; it is 'simply none of their concern'
Quotes
Justice Chandrasekharan Sudha
Delhi High Court Judge
“The suggestion that a woman wearing jeans may ‘corrupt young boys’ reflects a deeply troubling and unacceptable mindset.”
indianexpress.com
“An advocate could not use the privilege of cross‑examination as a licence to humiliate a witness or attack her dignity.”
indianexpress.com
Sources
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