Lawfully yours: By Retd Justice K Chandru

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at
Justice K Chandru
Justice K Chandru

CHENNAI: Orientation, sensitisation of judiciary on gender issues needed

Q: A court in Kerala recently observed that an offence under sexual harassment is not prima facie attracted when the victim is wearing a sexually provocative dress. Will not such an observation even before the trial is over effectively dismiss the allegations levelled by the complainant and send a wrong message in serious cases like rape? Is not the court overlooking the far-reaching consequences of such an order? Is it right on part of courts to make use of dress in cases of sexual violence? — Indu Mathi R, Coimbatore

Every passing day the courts are coming up with startling propositions. It only reminds the urgent need for orientation and sensitisation of the judiciary in various matters, including gender issues. Once, the former Chief Justice of India (JS Khehar) very modestly wrote in his order, “every day is a learning process.” The present order has an upsurge proposition but is inconsistent with law. It is high time the courts reverse such absurdity and put the law in the correct perspective.

Tenant can’t claim bigger rights than flat owner

Q: The owner of my flat did not purchase any parking slots. But, this hardly mattered when I took the flat on rent. There were only a few residents in the complex and I could park my car in the open space on the premises. Now, with most of the people having taken possession of their flats, society wants me to park my car elsewhere. They are not even allowing me to park on the road outside the building and have warned of penalty if I park my car inside. What can I do in such a situation? Are not tenants entitled to parking space on the premises, at least in the open if not for reserved slots? — Karthigeyan S, T Nagar

As a tenant, your right cannot be bigger than your flat owner. If he did not have a parking facility at the time of purchase, you cannot derive a new right. You have two options, either you can negotiate with the Residents Welfare Association (RWA) and pay parking fees and keep your vehicle on the premise or park your vehicle outside the compound over which your RWA will have no control.

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