Kochi: In a significant ruling, the Kerala High Court has denied anticipatory bail to Malayalam film actor Siddique in connection with a rape case, emphasizing the need to understand the trauma survivors face in reporting sexual abuse. Siddique, who resigned from his position as general secretary of the Association of Malayalam Movie Artistes (AMMA) following these allegations, has been accused of sexually assaulting a junior actor in a hotel in Thiruvananthapuram in 2016.
While rejecting Siddique’s bail plea, Justice C S Dias stated that custodial interrogation is essential to ensure a comprehensive investigation. The court expressed concerns over the potential for witness intimidation and the necessity for a potency test, given Siddique’s complete denial of the incident.
Court’s Rejection of Defense Arguments
The court addressed and dismissed Siddique’s defense, which rested on three main contentions:
Delay in Reporting: The court noted that the delay in reporting sexual abuse should be contextualized within the psychological, emotional, and social barriers that survivors often face. Justice Dias remarked, “Victims of sexual abuse and assault may experience psychological, emotional and social barriers that feed the delay in reporting the matter, which necessarily has to be understood in the context of the trauma.”
Allegations of Penetration: Siddique argued that the lack of mention of penetrative sex in the complaint undermined its validity. However, the court clarified that according to Section 375 of the Indian Penal Code, sexual assault encompasses a broader definition than just penetration. Any non-consensual act falls under the definition of rape, rendering Siddique’s argument invalid.
Credibility of the Survivor: The defense claimed the survivor’s credibility was compromised due to her allegations against 14 men. The court firmly rejected this notion, stating that a woman’s experiences of sexual assault do not reflect her character but rather her suffering. Justice Dias highlighted that any attempt to portray the survivor in a negative light could be construed as an effort to silence her, which is contrary to legal principles.
Upholding the Dignity of Survivors
The High Court underscored the importance of respecting women, regardless of their circumstances. Citing a precedent from the Supreme Court case Bilkis Yakub Rasool v. Union of India, Justice Dias asserted that every woman deserves respect, irrespective of her societal status or background.
This ruling not only reinforces legal protections for survivors of sexual assault but also aims to foster a societal understanding that recognizes the trauma involved in such experiences. The Kerala High Court’s decision serves as a reminder of the legal system’s role in upholding the dignity and rights of survivors while addressing the broader issues of gender-based violence and societal perceptions.
