Bail to sex offenders: Supreme Court asks AG to suggest ways to improve gender sensitivity towards victims
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The order got here in a case the place the Madhya Pradesh High Court ordered an alleged molester to go to his sufferer and ‘allow’ her to tie a ‘rakhi’ on him
The Supreme Court on Monday requested Attorney General K.K. Venugopal to suggest ways for courts to improve gender sensitivity towards victims whereas laying down bail circumstances for sex crime offenders.
The order got here in a case the place the Madhya Pradesh High Court ordered an alleged molester to go to his sufferer and ‘allow’ her to tie a ‘rakhi’ on him.
Also learn | SC to search AG’s views on courts imposing bail circumstances for sex crime offenders
A 3-judge Bench led by Justice A.M. Khanwilkar needed Mr. Venugopal, senior advocate Dushyant Dave, showing for 2 retired High Court judges and some ladies legal professionals who had filed the petition represented by senior advocate Sanjay Parikh to assist it lay down tips for courts on what kind of bail circumstances have been permissible whereas offering bail to the accused in sex offence instances.
“The Attorney General can highlight the issues and make recommendations to include in the bail conditions,” Justice Khanwilkar orally noticed.
“This will be an opportunity by the court to initiate gender sensitisation,” Mr. Venugopal submitted.
The Bench scheduled the subsequent listening to for November 27.
On October 16, the Bench had determined to search the views of Mr. Venugopal on this challenge.
The Bench had expressed its concern in regards to the circumstances imposed by the Madhya Pradesh High Court.
‘Trivialisation of trauma’
The 9 legal professionals, led by advocate Aparna Bhat, mentioned the High Court order was a “trivialisation of her (victim’s) trauma”.
Mr. Parikh mentioned there have been many such situations of court docket orders which objectified ladies already traumatised by the crimes dedicated towards them.
The legislation prescribed that the sufferer be stored distant from the accused. Instead, right here, the Madhya Pradesh High Court had ordered the accused to go to the house of the lady — the very place the place the crime was alleged to have occurred.
The petition mentioned the court docket had additional ordered the accused to present the lady ₹11,000 “as a customary ritual usually offered by brothers to sisters on such occasion and shall also seek her blessings”.
It had additionally ordered the accused to provide ₹5,000 to the lady’s son for the “purchase of clothes and sweets”.
Mr. Parikh mentioned such orders solely succeeded in victimising the lady and retarding the years of labor performed to sensitise the courts about how damaging it will be to try a compromise “by way of marriage or mediation between the accused and the survivor”.
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