The Delhi High Court has essentially rejected the argument that a woman or girl wearing jeans could provoke young boys, stressing that what a woman chooses to wear is a matter of her personal choice and cannot be used to justify inappropriate or sexually abusive behaviour.
The court said the suggestion that women wearing jeans would “provoke” young boys represented a deeply disturbing and unacceptable mindset. It also made it clear that responsibility for a person's behaviour cannot be shifted onto a woman's clothing.
Justice Chandrashekharan Sudha said he made the observations while deciding an appeal in a sexual harassment case involving a minor girl. The case dates back to 2013 when the accused was alleged to have sexually harassed the girl. A trial court had acquitted him in 2014, and an appeal was heard by the High Court.
Dismissed arguments about clothing on the victim's side
During the proceedings, defence arguments about the victim's clothing were raised. The High Court strongly criticized this line of reasoning and said that questions about what the victim was wearing were irrelevant to the allegations against the accused.
The victim had said that the accused, who was her neighbour, followed her, made sexually inappropriate comments and touched her inappropriately.
The defence's references to the girl's clothing and her allegedly “western” attire were questioned by the court. The judge made it clear that a woman's choice of clothing cannot be used to judge her character or determine whether she was responsible for another person's conduct.
‘No one has the right to dictate what she wears’
The court said it is up to a girl or a woman to decide what she wants to wear.
That choice, as the judge pointed out, is not something that neighbours, society, an accused person or lawyers appearing before the court can dictate.
The court’s observations underline an important principle in sexual harassment cases: the responsibility for inappropriate behaviour lies with the person who commits it, not with the clothes worn by the person subjected to that behaviour.
The High Court also rejected the broader idea that controlling women's clothing would solve problems related to sexual misconduct.
Responsibility starts from teaching children
So parents and society must teach children to behave responsibly, instead of trying to control what women wear, the court said.
Children should be taught to understand and respect personal boundaries, control their own behaviour and treat all persons with dignity, the court said.
The comments are educational and personal responsibility rather than restrictions on women's freedom of choice.
Why the observations matter
Such arguments linking women’s clothing to sexual harassment have been criticized by women’s rights activists because they can be seen as distracting from the alleged conduct of the perpetrator and place the burden on the victim.
The Delhi High Court’s observations reinforce the principle that clothing does not constitute consent and that a person’s appearance cannot be seen as an invitation for unwanted sexual behaviour.
The court also stressed the importance of making sure that judicial proceedings are not about moral judgment for victims when they dress (or live, or choose their way of life) in relation to clothes, lifestyle and personal choices.
A larger message on dignity and accountability
The case is bigger than what people are supposed to wear. At its heart, the court’s observations are about individual responsibility, consent, dignity and respect for personal boundaries.
By refusing to accept the argument that jeans or other clothing will cause inappropriate behavior, the court has made clear that social attitudes need to change rather than women’s choices being limited by such clothing.
The message from the court is clear: women should not be expected to change their clothing to prevent harassment. Instead, individuals must be taught to control their behaviour and respect the dignity and boundaries of others.
