Woman’s attire cannot be used to question her character, says Delhi HC

The Delhi High Court has ruled that a woman's choice of clothing cannot be used to question her character or justify sexual harassment, while overturning the acquittal of a man accused of sexually harassing her.

A bench of Justice Chandrasekharan Sudha was hearing an appeal against the 2014 acquittal of Sajid Ali, who was accused of sexually harassing a young woman in Delhi in 2013.

The woman had alleged that Ali followed her, made sexually coloured remarks and touched her cheek and hip. A trial court had acquitted him, following which the prosecution challenged the decision before the High Court.

During the proceedings, questions were raised about the clothes worn by the woman, including references to objections allegedly made by local residents to her wearing Western attire. Her clothing and the religious character of the locality were also brought up during the defence's questioning.

The High Court rejected the relevance of such questions, making it clear that a woman's attire cannot be used to assess her character or determine whether she was subjected to unlawful conduct.

The court observed that the focus in such proceedings must remain on the alleged conduct of the accused rather than on the woman's clothes or personal choices.

“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. The suggestion that a woman wearing jeans may ‘corrupt young boys’ reflects a deeply troubling and unacceptable mindset. The answer does not lie in controlling the clothes of girls and women," the court said in its 50-page verdict.

“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 added.

It also said that cross-examination should not become an exercise in humiliating or shaming a woman. Questions put to a witness must have a legitimate connection with the issues being decided by the court.

The court further held that religious or social considerations cannot be used to justify restrictions on a woman's choice of clothing or excuse unlawful behaviour.

After examining the evidence, the court found the woman's account regarding the alleged sexual harassment to be credible on the material aspects of the case. It consequently set aside the trial court's acquittal and convicted Ali under Section 354A(1)(i) of the Indian Penal Code (IPC).

The bench noted that the prosecution had not adequately established the woman's age, and therefore the provisions of the Protection of Children from Sexual Offences (POCSO) Act were not applicable.

The matter has been listed for Aug 12 for hearing on the question of sentence, with the convicted person directed to appear before the court.