SC QUASHES MADHYA PRADESH HC's "TIE RAKHI TO BE ELIGIBLE FOR BAIL" ORDER

18th March 2021

Recently, Madhya Pradesh HC directed a man accused of Sexual violence to present himself before the victim so that she may tie rakhi on his wrist to be eligible for bail. The bench issued a direction that should be followed by lower courts while dealing with bail petitions. The bench further said that the accused and his wife should visit the victim's place during Raksha Bandhan with sweets. He should also promise to protect her. The court directed the accused to give 11,000 to the victim as a rakhi gift and 5,000 to her son to buy clothes.

The SC set aside the order passed by the Madhya Pradesh HC. The Apex court also noted various citations of petition mention similar non-empathetic approach of various HCs towards sexual violence cases.

The hon'ble Court issued a notice to Attorney General KK Venugopal, seeking his suggestion. The Attorney General, in his reply, said that few judges are patriarchal and old school; they need to be sensitized and trained so that they do not pass orders objectifying women. Moreover, courts should avoid compromise between the victim and accused.

Direction issued by the SC

1. Bail should not mandate contact between the accused and the victim.

2. Bail conditions must be as per the requirements of CrPC.

3. Lastly, bail conditions should seek to protect the complaint.

Author: Papiha Ghoshal

PC: Theindianwire