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Synopsis

While underscoring the dignity of women performers in orchestras, the Allahabad High Court recently rejected the bail application of an orchestra organizer accused of sexual harassment, intimidation, and criminal misconduct against a female orchestra dancer.

The bench of Justice Sanjay Kumar Singh observed that women performers in orchestras often face societal prejudice and exploitation. Court explained that it is so because they are sometimes seen with different mindsets/perceptions in society, which undermines their basic human rights.

Court noted, "...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"[sic].

It highlighted that in the case at hand, involvement of the accused namely Manish Kumar Yadav who was the organizer of the orchestra party, was a grim reminder of perverse gender sexual violence in the society.

"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," court said. 

It added that 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.

In the present case, the victim, hailing from a vulnerable section of society and supporting her family through performances, lodged an FIR on October 4, 2024, accusing Yadav and an accomplice of molesting her at her residence. According to the FIR, Yadav, inebriated, entered her home on September 9, 2024, and attempted to assault her. When she resisted and raised an alarm, he fled the scene, later threatening her with violence and coercion over the phone.

The FIR was filed under Sections 64, 332(b), 352, 351(3) of the B.N.S. at Police Station Manduadeeh in district Varanasi, Uttar Pradesh. 

On the other hand, seeking release on bail, Yadav claimed the accusations were fabricated, alleging the complainant lodged the FIR to avoid repaying a financial loan of Rs 25,000. However, the court found no material evidence to substantiate his claims.

Court emphasized the gravity of the allegations and the vulnerability of the victim. It also noted Yadav’s criminal history, including charges of abduction, rape, and other serious offences in multiple cases.

Accordingly, it rejected the bail plea finding no good ground to release the accused on bail.

Case Title: Manish Kumar Yadav Vs. State of U.P.