New Delhi, Aug 10 (SocialNews.XYZ) The Delhi High Court on Monday observed that what a girl or woman chooses to wear is a matter of her personal choice and neither society, neighbours, nor any other person has the right to dictate her attire.
A single-judge Bench of Justice Chandrasekharan Sudha made the observations while allowing an appeal against the acquittal of an accused in a sexual harassment case involving a young woman and convicting him under Section 354A(1)(i) of the IPC.
The Delhi High Court took particular exception to the defence seeking to link the woman's clothes, including her wearing jeans, with the alleged offence.
"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. It is simply none of their concern," Justice Sudha said.
The Delhi High Court was hearing an appeal against the trial court's acquittal of Sajid Ali, who was accused of repeatedly stalking the woman, making sexually coloured remarks, and touching her cheeks and hip.
During the trial, the defence had questioned the woman about her clothes and the objections purportedly raised by residents of the locality over her wearing western clothes. The woman had stated that she generally wore "normal jeans and top", while also acknowledging that local residents had objected to her attire.
Justice Sudha said the line of cross-examination concerning the woman's clothes was "wholly irrelevant, improper" and appeared to be a technique to embarrass, humiliate and morally judge the prosecutrix.
"A woman’s choice of attire neither diminishes her dignity nor serves as justification or condonation for unlawful conduct directed against her," the judgment said.
Justice Sudha further observed that questions based on "regressive notions of how a woman ought to dress" have no legitimate place in a court of law and cannot be used as a device for character assassination or blaming the prosecutrix.
The Delhi High Court also rejected the argument that the woman's wearing of jeans could "corrupt young boys", saying that the answer did 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, whether at home or outside," it said.
The judgment was also critical of attempts to bring religion and local customs into the case.
Asked why questions concerning the religion of the people in the locality and the clothes worn by the woman had been put to her, the defence counsel had submitted: "Janab, har mohalle mein ek reeti riwaz hota hain jinko sabko manna padega (Your honour, every locality has its traditions and customs which everyone has to comply with)."
Rejecting the submission as "wholly unacceptable", Justice Sudha said the woman's religion, the religion of the residents of the locality, and the clothes worn by her had no connection with the issue before the court.
"Neither religion nor local custom can be used to justify unlawful conduct or to impose restrictions upon the personal choices of a woman," the Delhi High Court said.
It also referred to a complaint allegedly submitted by the accused and residents of the locality against the woman, observing that the alleged "crime" disclosed in the complaint included her living with her mother without any male member in the family, wearing "objectionable dress", and allegedly corrupting young boys of the locality by wearing such dresses.
"I am totally at a loss and unable to find any provision(s) in any law/statute/rule book prevailing in the country that has been violated/breached by PW4 that necessitated the police to take action by registering a crime and launching an investigation into the same," Justice Sudha observed.
The Delhi High Court said the main grievance of the accused and the local residents appeared to be the woman's dress and held that her clothing was no ground to disbelieve her testimony. It also stressed that even assuming a woman to be of "easy virtue", as was sought to be portrayed by the defence, she would still be entitled to privacy and protection of law.
"Even a woman of easy virtue is entitled to privacy, and no one can invade her privacy as and when he likes," Justice Sudha said.
The judge found the woman's testimony consistent regarding the accused's unwanted physical contact and stalking, holding that the touching of her cheeks coupled with the comments made by him constituted an offence under Section 354A(1)(i) IPC.
It accordingly found the accused-Sajid Ali guilty of sexual harassment and convicted him under the provision.
The Delhi High Court also sounded a caution to judicial officers, stressing that cross-examination cannot become a licence to insult, shame, intimidate or harass a witness.
"The Court cannot remain a silent spectator while the dignity of a witness is attacked under the guise of cross-examination," it said.
Justice Sudha directed that questions based on a woman's clothing, character, lifestyle, religion or personal choices, unless strictly relevant to an issue arising in the case, must not be permitted. It directed that a copy of the judgment be forwarded to all Principal District and Sessions Judges in Delhi for circulation among judicial officers and also to the Director (Academics), Delhi Judicial Academy, for appropriate training and sensitisation programmes.
The accused has been directed to appear before the Delhi High Court on Wednesday for hearing on sentence.
Source: IANS
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