3 weeks ago
Delhi High Court Convicts Harasser, Says Clothing Choice Is Personal
A girl told the court that her neighbour had bothered her, said bad things, and touched her without asking.
A lower court first said the man was not guilty, but the Delhi High Court looked at the case again.
The High Court said the man did do something wrong and must be punished.
The court also said that nobody can tell a girl what clothes she can wear.
Some people had said that a girl wearing jeans might make boys behave badly, and the court said that is a bad way of thinking.
It said parents and society should teach children to behave well and respect others instead of controlling what girls wear.
The court said a girl's clothes do not make her less important and do not excuse bad behaviour.
The court also said the man's lawyer should not have asked the girl questions about her clothes and religion.
So the man was found guilty under a law that punishes sexual harassment.
The Delhi High Court convicted a man of sexually harassing his neighbour in 2013 under Section 354A(1)(i) of the Indian Penal Code.
Justice Chandrasekharan Sudha ruled that what a girl or woman wears is her personal choice and 'simply none of their concern.'
The court called the suggestion that a woman wearing jeans may 'corrupt young boys' a 'deeply troubling and unacceptable mindset.'
The High Court held that the trial court's 2014 acquittal was erroneous and faulted the cross-examination as 'wholly irrelevant' and 'improper.'
The court said POCSO could not be invoked because the prosecution failed to establish that the girl was a minor.
- Who
- The Delhi High Court, presided by Justice Chandrasekharan Sudha, and a man accused of sexually harassing his neighbour in 2013.
- What
- The court convicted the man of sexual harassment under Section 354A(1)(i) of the IPC and ruled that a girl's clothing is her personal decision.
- Where
- Delhi High Court, Delhi, India.
- When
- The judgement was delivered on a Monday; the alleged harassment occurred in 2013 and the trial court acquittal came in 2014.
- Why
- The court found the trial court's acquittal erroneous and rejected the mindset that a woman's clothing could justify or relate to harassment against her.
Right to Personal Choice
Traditional Moral Policing
Clothing and Character as Evidence
Right to Personal Choice
A girl's clothing, lifestyle, religion and character are irrelevant to a harassment case, and cross-examination on such grounds is improper character assassination.
Traditional Moral Policing
In the trial, the accused's counsel questioned the girl about her 'western' dressing, the religion of local residents and their objections to her clothing to cast doubt on her testimony.
Cause of Harassment
Right to Personal Choice
A woman wearing jeans does not 'corrupt young boys'; the answer lies in teaching children to control their conduct and respect boundaries, not in controlling girls' clothes.
Traditional Moral Policing
The suggestion implicit in the defence's questioning was that the girl's clothing could provoke or justify the conduct of young boys in the locality.
Key facts
- Court
- Delhi High Court
- Judge
- Justice Chandrasekharan Sudha
- Offence
- Sexual harassment under Section 354A(1)(i) of the IPC
- Incident Year
- 2013
- Trial Court Acquittal
- 2014
- Core Ruling
- A woman's choice of attire neither diminishes her dignity nor justifies unlawful conduct against her
- POCSO Application
- Not invoked; minority of the girl not satisfactorily established
Quotes
Justice Chandrasekharan Sudha
Delhi High Court judge
“"The answer does not lie in controlling the clothes of girls and women. Parents and society must instead teach their children to control their conduct, respect personal boundaries and treat every human with dignity."”
rediff.com
“"What a girl or woman chooses to wear is a matter of her personal choice. Neither her neighbours, nor society, nor the accused, nor counsel appearing in a court of law has any right to dictate her clothing."”
rediff.com
telegraphindia.com
Sources
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