The Supreme Court of India on March 19, 2021 passed a judgment on ‘dos and don’ts’ for judges while handling cases of sexual crimes against women.
In the Advocate Aparna Bhat case, a bench of justices AM Khanwilkar and S Ravindra Bhat set aside a July 2020 order of the Madhya Pradesh high court asking a molestation case accused to get a rakhi tied on his wrist by the complainant as a condition for bail.
In order to remedy the problem of judicial stereotyping of survivors of sexual violence, the court issued the following directions:
- Bail conditions should not mandate, require or permit contact between the accused and the victim.
- Where circumstances exist for the court to believe that there might be a potential threat of harassment of the victim, or upon apprehension expressed, after calling for reports from the police, the nature of protection shall be separately considered and appropriate order made, in addition to a direction to the accused not to make any contact with the victim.
- In all cases where bail is granted, the complainant should immediately be informed that the accused has been granted bail and a copy of the bail order made over to him/her within two days.
- Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society, and must strictly be in accordance with the requirements of the Cr PC.
- The courts while adjudicating cases involving gender-related crimes, should not suggest or entertain any notions (or encourage any steps) towards compromises between the prosecutrix and the accused to get married, suggest or mandate mediation between the accused and the survivor, or any form of compromise as it is beyond their power and jurisdiction.
- Sensitivity should be displayed at all times by judges, who should ensure that there is no traumatisation of the prosecutrix, during the proceedings, or anything said during the arguments.
- Judges especially should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.
(The Quint)
