The bench, led by Justice Sanjay Kumar Singh, observed that women in orchestras, especially those working as singers or dancers, frequently face negative perceptions in society. This, in turn, undermines their basic human rights.
Allahabad: The Allahabad High Court recently denied bail to an orchestra organizer accused of sexual harassment, intimidation, and misconduct against a female dancer in the orchestra. The court highlighted the need to uphold the dignity of female performers in orchestras, stressing that these women are often subjected to societal prejudice and exploitation.
The bench, led by Justice Sanjay Kumar Singh, observed that women in orchestras, especially those working as singers or dancers, frequently face negative perceptions in society. This, in turn, undermines their basic human rights.
The court pointed out, “…women artists, who use to perform as a singer or dancer in orchestra parties are also deserve respect and they have right to live with dignity.”
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The court also referred to the involvement of the accused, Manish Kumar Yadav, the organizer of the orchestra, as a tragic reminder of the pervasive issue of gender-based sexual violence in society.
It stressed, “Any women artist regardless of their field of performance, should never be reduced to an object of lust or subjected to any form of abuse. The dignity of artists lies in their art, therefore it is the responsibility of organizer that work place and environment of women artist is safe and respectful.”
The court added that it is essential for everyone to contribute towards creating an environment where artists can perform without fear.
It stated, “It is the duty of all to create an environment where every artist can perform and express themselves freely without fear and intimidation because they are torchbearers of culture, creativity and expression in society.”
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CASE BRIEF
The case involves a female victim, who comes from a disadvantaged background and supports her family through her performances. On October 4, 2024, she filed an FIR accusing Yadav and one of his accomplices of molesting her at her residence. The victim claimed that Yadav, who was intoxicated, entered her home on September 9, 2024, and tried to assault her. When she resisted and screamed for help, Yadav fled, but later threatened her with violence and coercion over the phone.
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The police FIR was lodged under Sections 64, 332(b), 352, and 351(3) of the B.N.S. at the Police Station Manduadeeh in Varanasi, Uttar Pradesh. Yadav sought bail, claiming that the allegations were false and that the complainant filed the FIR to avoid repaying a Rs 25,000 loan. However, the court found no evidence to support his claims.
The court took into account the seriousness of the charges and the victim’s vulnerable position. It also noted Yadav’s criminal background, which includes charges of abduction, rape, and other serious offenses. As a result, the court rejected the bail request, finding no valid grounds for releasing the accused.
Case Title: Manish Kumar Yadav Vs. State of U.P.
