Judicial Affirmation of Personal Autonomy: Addressing Victim-Blaming in Sexual Harassment Jurisprudence

In a significant judicial pronouncement, the Delhi High Court has underscored the primacy of individual liberty and personal autonomy in the context of sexual harassment litigation. The court’s observation—that a woman’s choice of clothing, such as wearing jeans, is a matter of personal agency and remains beyond the purview of societal or neighborly moral policing—serves as a critical legal precedent against the pervasive culture of victim-blaming. The case involved a conviction under Section 354A(1)(i) of the Indian Penal Code (IPC), which pertains to the offense of sexual harassment. By explicitly rejecting the defense that a victim’s attire could mitigate or justify the accused's actions, the court has reaffirmed that criminal liability is determined by the conduct of the perpetrator, not the appearance of the survivor. This ruling aligns with the evolving constitutional interpretation of the Right to Privacy and the Right to Life and Personal Liberty under Article 21, which encompasses the right to dress according to one's own preference without fear of harassment or social stigma.