The recently released NCRB data for the crimes in 2021 lodged an average 86 rapes daily. It recorded to show around 49 crimes against women every hour in the year 2021. Not to mention, these are the figures which are reported and available in the records, the unreported incidents may far be beyond imagination.
Under such horrifying circumstances, if a Court of Justice makes a remark, “Section 354A of the Indian Penal Code is not prima facie attracted when the woman was wearing 'sexually provocative dresses” then what would this reflect? This was the observation of Kozhikode Sessions Court while granting anticipatory bail in the case of sexual harassment.
Sexually Provocative Dress? Or Victim Blaming?
The Kerala High Court expunged the above remark of the Sessions Court while hearing and disposing of the pleas which challenged the order of granting of anticipatory bail. The High Court reiterated the right of the women under Article 21 by observing the following-
“The dressing of a victim cannot be construed as a legal ground to absolve an accused from the charge of outraging the modesty of a woman. The right to wear any dress is a natural extension of personal freedom guaranteed by the Constitution and a facet of the fundamental right under Article 21 of the of the Constitution. Even if a woman wears a provocative dress that cannot give a licence to a man to outrage her modesty.”
It would not be an anomaly to say that this isn’t the first time that such a comment has been made which has held the victim responsible because of her attire/dress for any crime committed against her. However, such comments by a Court of justice shows the dreary side of the society’s mindset which runs deep to even percolate in the judicial system.
It is an unfortunate truth that even today women are held responsible for the heinous crimes committed against them. Such derogatory remarks are made which shakes one’s conscience. How can an infant wear a provocative dress for that matter when she is raped or an old woman aged 87?
The Kerala High Court on the question of clothing observed the following,
“Everyone has the freedom to wear whatever he/she wants to wear, subject to the laws of the land. Objectifying women in regard to what she wears cannot be justified. There is no reason why a woman should be judged by her clothes. Norms that categorize woman based on her attire and expressions can never be tolerated.”
Every woman has the right to bodily autonomy, right to expression, right to life and liberty and choosing what to wear is a natural offshoot of the same. This cannot be curtailed and the attitude of blaming the victim for the atrocities committed by men needs to be vehemently opposed. No tolerance towards such remarks should be shown, regardless of who it is coming from. The rights of women need to be protected in the letter and spirit of the Constitution of India.
The views expressed are the author's own.
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