Pointing out that orders passed by trial courts and high courts in cases of sexual offences against women sometimes ‘grossly trivialise’ the trauma suffered by victims, a group of women lawyers have asked the Supreme Court to consider whether the guidelines could be set for bail conditions in such cases.
The petition has been filed, challenging an order passed by the Madhya Pradesh High Court in August which had directed an accused in a molestation case to visit the house of the victim and get a rakhi tied by her as a condition for his bail. (Photo for representation: PTI)
Pointing out that orders passed by trial courts and high courts in cases of sexual offences against women sometimes “grossly trivialise” the trauma suffered by victims, a group of women lawyers have asked the Supreme Court to consider whether the guidelines could be set for bail conditions in such cases.
The petition has been filed, challenging an order passed by the Madhya Pradesh High Court in August which had directed an accused in a molestation case to visit the house of the victim and get a Rakhi tied by her as a condition for his bail.
The petition has pointed out that such a bail condition would “further victimise” the woman, as it allows the accused to confront her and enter into her house. The accused in this case was a neighbour of the victim — a married woman — who alleged that the accused forcefully entered her house and assaulted her.
“The bail condition in question amounts to further victimisation of the survivor in her own house. In the context of Rakshabandhan, being a festival of guardianship between brothers and sisters, the said bail condition amounts to gross trivialisation of the trauma suffered by the complainant in the present case…,” says the plea. The petition, filed by a group of nine women including lawyers, law teachers and social workers, has also pointed out certain legal questions for the apex court to consider. The legal questions are as follows:
- 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?
- Whether the bail condition which is impugned herein stands to further victimise the complainant and trivialise the trauma that she has suffered?
- Whether the above mentioned bail condition is in line with the principles that govern trials within the criminal justice system?
- Whether the Hon’ble High Court ought to have employed circumspection and sensitivity while dealing with a case involving a sexual offence having been committed against a woman?
Photo for representation. (India Today)
The petition has also argued that by setting bail conditions such as visiting or apologising to or getting Rakhi tied by the victim of sexual assault, courts create conditions which would deter women from filing complaints. They also pointed out that in many cases of sexual offences against women, the victim often turns hostile during the trial due to pressure from her family and the accused. Such conditions would put further pressure on the victim in the case.
“Constitutional courts are trivialising sexual offences in an alarming number of instances by making observations which are prejudicial thereby confirming the inherent bias against cases brought by women who have faced sexual assault It is a documented fact that women and parents of girls in many instances do not come forward to file complaints against their perpetrators over fear of stigma and the vagaries of the formidable criminal justice system. Observations such as the ones made in the present case by the Hon’ble High Court will prove to further deter people from filing complaints,” says the plea.
The petition has specifically been filed against the particular condition set for bail, and for the apex court to consider the legal issues. It has not called for cancelling the bail granted to the accused in this particular case. The Supreme Court is likely to hear the matter on October 16.