Patriarchal attitude of society changing; women speak openly about sex now without worry: Kerala High Court

The Kerala High Court on Thursday observed that crimes against women are continuing to increase but the patriarchal mindset of society is changing [Vijay Babu v State of Kerala]..Justice Bechu Kurian Thomas said that there is a change in attitude of men particularly when it comes to the outlook towards crimes against women. "Crime against women are certainly increasing. We have always been looking at (such cases) with a patriarchal eye, as a patriarchal society. But it is changing and it is time to change also. Even men's attitude is changing," the judge orally remarked. .He further remarked that much progress has been made in terms of women's empowerment with a huge section of women being able to speak openly about sex now. "Now, women are no longer very worried about speaking in public about their sexual escapades. Every other day we find women saying that. They have become empowered. They are strong about such things," Justice Thomas said..The Court was hearing the anticipatory bail plea moved by actor-producer Vijay babu in a rape case that was registered against him after an actress accused him of sexually exploiting her. In the plea filed through Advocate S Rajeev, Babu has contended that the complaint against him was nothing but an attempt to blackmail him.He also alleged that the police is guided by the intense scrutiny and wide speculations that have been widely published by the media relating to the case..Advocate R Rajesh, representing the de-facto complainant, made his arguments opposing the anticipatory bail plea.Rajesh highlighted the relative positions of Babu and the complainant, a new actress, in the film industry and spoke of the subjugation endured by the complainant due to this power equation.He also pointed out that that the complainant, being a young unmarried woman, was facing social ostracisation and victimisation on social media and elsewhere. Stressing that the cumulative effects of these factors should be viewed by the Court through an intersectional lense, Rajesh said that the evidence tendered by the complainant must be viewed without prejudice, especially since Babu had admitted to the police that he did engage in sexual intercourse with her. .The case against Babu was registered on the basis #MeToo revelations made by a debutante- actress alleging that he sexually exploited her under the guise of considering her for acting roles.After a first information report (FIR) was registered, Babu went online on Facebook Live and denied all allegations raised against him and more importantly, revealed the name of the survivor while claiming to know the legal consequences of the same.A separate FIR was then registered against him under Section 228A (disclosure of the identity of the victim in certain offences) of the Indian Penal Code (IPC). The anticipatory bail plea in this case was closed by the Court recently noting that the offence alleged is a bailable one..The matter will be taken up for consideration on June 17. Babu's interim protection from arrest has been extended till then.

Patriarchal attitude of society changing; women speak openly about sex now without worry: Kerala High Court

Giti Pratap

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