Delhi HC Convicts Man in 2013 Harassment Case, Rejects Defense Arguments on Clothes

The Delhi High Court on Monday convicted a man of sexually harassing his neighbour in 2013, setting aside a 2014 trial court acquittal and ruling that what a woman chooses to wear is strictly a matter of personal choice that cannot be dictated by society, neighbours, or defense counsel.

Justice Chandrasekharan Sudha delivered the verdict while hearing an appeal filed by the state against the trial court's previous decision. The victim had alleged that her neighbour stalked her, made sexually coloured remarks, and touched her inappropriately in 2013.

The high court strongly criticized the line of cross-examination adopted by the defense during the trial court proceedings, which questioned the victim regarding her western style of dressing and the religious demographics of her locality. Defense counsel had argued that every locality has traditions and customs that everyone must follow. Rejecting this argument, Justice Sudha affirmed that neither religion nor local custom can be used to justify unlawful conduct or impose restrictions upon a woman's choices.

The trial court had acquitted the accused in 2014 after noting a complaint submitted by the man and 50 area residents, which alleged that the woman engaged in immoral activities and wore clothes that had an adverse effect on local youth. Justice Sudha stated that the cross-examination regarding her clothing and locality was wholly irrelevant and improper, adding that trial courts must disallow questions based on a woman's clothing, character, or lifestyle unless strictly relevant.

The court emphasized that society and parents must teach children to control their conduct and respect personal boundaries rather than attempting to control women's clothing. The high court declined to invoke charges under the Protection of Children from Sexual Offences Act, noting that the prosecution failed to satisfactorily establish that the victim was a minor at the time of the crime.