New Delhi, August 10, 2026 (Yes Punjab News)
The Delhi High Court has held that a woman’s choice of clothing is a matter of personal autonomy and cannot be used to justify, excuse or question unlawful conduct against her, while convicting a man in a sexual harassment case.
Justice Chandrasekharan Sudha made the observations while allowing an appeal against the acquittal of Sajid Ali and convicting him under Section 354A(1)(i) of the Indian Penal Code (IPC).
The case concerned allegations that Ali had repeatedly stalked a young woman, made sexually coloured remarks and touched her cheeks and hip.
The High Court strongly criticised the defence’s attempt to connect the woman’s clothing, including her wearing jeans, with the alleged offence. During cross-examination, the woman had said she generally wore “normal jeans and top” and acknowledged that some residents of the locality had objected to her attire.
Justice Sudha described the questioning about her clothes as “wholly irrelevant, improper”, saying it appeared intended to embarrass, humiliate and morally judge the woman.
“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 court said.
The judgment stressed that a woman’s attire neither reduces her dignity nor provides justification or condonation for unlawful conduct against her. It also said that regressive notions about how women should dress have no place in judicial proceedings and cannot be used for character assassination or victim-blaming.
The court rejected an argument that the woman’s jeans could “corrupt young boys”, saying the appropriate response was to teach children to regulate their conduct, respect personal boundaries and treat others with dignity rather than control what girls and women wear.
The judgment also rejected attempts to invoke religion and local customs. During the proceedings, defence counsel had argued that every locality had traditions and customs that residents were required to follow.
Justice Sudha termed that submission “wholly unacceptable”, holding that the religion of the woman or residents and the clothes she wore had no bearing on the case.
“Neither religion nor local custom can be used to justify unlawful conduct or to impose restrictions upon the personal choices of a woman,” the court said.
The High Court also referred to a complaint allegedly filed by Ali and local residents against the woman. The complaint reportedly objected to her living with her mother without any male family member, wearing “objectionable dress” and allegedly “corrupting” young boys in the locality.
Justice Sudha said she could find no legal provision under which the woman’s living arrangements or clothing constituted an offence warranting police action.
The court further held that the woman’s attire was no reason to disbelieve her testimony. It observed that even if a woman were to be portrayed as being of “easy virtue”, she would remain entitled to privacy and the protection of law.
“Even a woman of easy virtue is entitled to privacy, and no one can invade her privacy as and when he likes,” the judge said.
After examining the evidence, the court found the woman’s testimony consistent regarding the accused’s unwanted physical contact and stalking. It held that the touching of her cheeks, coupled with the comments made by Ali, constituted an offence under Section 354A(1)(i) IPC and convicted him of sexual harassment.
The judgment also issued a wider caution on courtroom conduct, stating that cross-examination cannot become a means of insulting, shaming, intimidating or harassing a witness.
“The Court cannot remain a silent spectator while the dignity of a witness is attacked under the guise of cross-examination,” it said.
Justice Sudha directed that questions concerning a woman’s clothing, character, lifestyle, religion or personal choices should not be permitted unless they are strictly relevant to an issue arising in the case.
A copy of the judgment has been directed to be circulated among Principal District and Sessions Judges in Delhi and forwarded to the Director (Academics), Delhi Judicial Academy, for appropriate training and sensitisation programmes.
Ali has been directed to appear before the High Court on Wednesday for a hearing on the question of sentence.
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