Supreme Court reserves verdict on plea challenging MP HC's 'rakhi as bail condition' order

Making an important observation, Attorney General KK Venugopal on November 2 told the Supreme Court that judges need to place themselves in the sexual violence survivors' shoes while conceptualizing their response to sexual offences. The observation was made as to the top Court heard the matter in which the petitioners including lawyer Aparna Bhat have demanded direction against the Madhya Pradesh High Court's bail order in which 'tying Rakhi' was a bail condition. The Supreme Court had in October sought Attorney General's assistance on a plea for stay on the Madhya Pradesh High Court order which granted bail to an accused in a molestation case on the condition that he would request the alleged victim to tie him 'Rakhi.'

Attorney General KK Venugopal also added in his written submission that Judges who are from the "old school" and are "patriarchal needs to be sensitized" and there was a need for training of two to three years. He also highlighted that to achieve the goal of gender justice, it is imperative that judicial officers, judges, and members of the bar (including specifically public prosecutors), are aware themselves of stereotypes, bias, and other irrational tendencies that have to be shunned in the process of judicial adjudication. The above submissions were made to the bench of Justices AM Khanwilkar and S Ravindra Bhat, which reserved its verdict on the issue.

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Plea against Madhya Pradesh HC order

Nine women including lawyer Aparna Bhat had appealed to the top Court against Madhya Pradesh High Court's bail order. In the previous hearing, senior advocate Sanjay Parikh, appearing for the petitioners, had told the bench that "the trauma of the victim is trivialised by such conditions." In their appeal, the petitioners have sought a stay of the bail conditions imposed on the accused by the High Court. The plea said that substantial questions of law, including whether in a case seeking bail it is appropriate for a court to impose extraneous conditions which allows contact between the accused and the complainant, is involved in the matter.

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It also said another question of law which arises for consideration of the apex court in the matter is whether the High Court ought to have employed circumspection and sensitivity while dealing with a case involving a sexual offence having been committed against a woman. It alleged that imposing such a condition results in "further victimization of the survivor" in her own house. "Moreover, the said bail condition also goes a step further by stating that respondent No 2 (accused) tender Rs 5,000 to the son the complainant,” it said.

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