SC Issues Notice to Attorney General of India regarding a Plea which Challenges a Bail Condition – The Dilemma of tying ‘Rakhi’

The Supreme Court on Friday issued notice to the Attorney General on a plea challenging a Bail Condition, imposed upon an accused by Madhya Pradesh High Court, of getting Rakhi tied by the Complainant, who had levelled Charges of Outraging her Modesty against him.

The Bench asked Parikh whether or not this was filed against the Madhya Pradesh High Court. Parikh declared that there’s an application seeking restraint on High Courts from passing such orders across the country.

In this scene, the court same that it will solely issue notice to the Professional General and granted the petitioners liberty to serve a duplicate of the paperbook on conductor KK Venugopal’s workplace. The case can currently come back up for additional directions on November 2nd.

Supreme Court Advocate Aparna Bhat and eight different girls lawyers filed plea through Advocate Pukhrambam Ramesh Kumar, seeking a stay on the bail condition obligatory by the ultimate judgment gone the Hon’ble Madhya Pradesh judicature at Indore particle July thirty, 2020. Petitioners challenged the preceding Bail Condition solely (and not the Bail order in toto).

The plea states that the judicature erred in imposing a condition that defeated the terribly purpose of granting bail by directional the alleged offender to ascertain contact with the victim which the HC didn’t appreciate that in most cases of sexual violence, the prosecutrix turns hostile and in many of those cases it’s as a result of she gets intimidated and/or evoked by the family of the suspect. The Petition avers that the judicature have to be compelled to are cognizant and sensitive to the actual fact that in a very case involving a sexual offence having been committed against a woman; it’s boundlessly tough for the survivor to lodge an FIR and pursue a criminal case against the suspect at the brink.

In the context of Rakshabandhan being a competition of guardianship between brothers and sisters, the same bail condition amounts to the gross trivialization of the trauma suffered by the plaintiff within the gift case. The current case is of explicit concern since it’s taken years to undo the damaging approach followed by Courts, whereby cases involving sexual offences committed against girls are tried to be compromised by approach of wedding or mediation between the suspect and therefore the survivor.

The plea additionally maintain that imposing a condition whereby the suspect i.e. Respondent No. 2 is needed to travel to the house of the plaintiff on the competition of Rakshabandhan and request her to tie a rakhi around his gliding joint with the “promise to guard her to the simplest of his ability for all times to come” leads to additional victimization of the survivor in her own house.

In an application filed by the Petitioners seeking directions from the Supreme Court on Sat (10th October), it’s been declared that it’s changing into a rather frequent development wherever extraneous conditions/observations are being created in several cases associated with girls, that tend to minimize the offences committed. Further, the applying states that the violence against girls and a lot of significantly sexual violence against girls, are extraordinarily serious offences and required to be treated strictly by the Courts.

In the Applications, the content lists out those instances wherever observations are created in cases with reference to offences against girls together with cases beneath the Protection of children from Sexual Offences Act, 2012 (“POCSO Act”) that are all extraneous and stand to minimize the trauma suffered by a girl that violates the dignity of a girl as protected by Article twenty one.

In this context, the Applications lists out those instances wherever observations are created in cases with reference to offences against girls together with cases beneath the Protection of children from Sexual Offences Act, 2012 (“POCSO Act”) that are all extraneous and stand to minimize the trauma suffered by a girl that violates the dignity of a girl as protected by Article twenty one.

The Application states that the Apex Court will issue directions among its large jurisdiction which it’s a match case for provision of such directions as could also be needed, by this Hon’ble Court beneath Article 142 of the Constitution of Republic of India to all or any the High Courts and Trial Courts to refrain them from passing observations and imposing conditions in rape and regulatory offence cases that minimize the trauma undergone by survivors and that violate their human dignity under Art. 21.

Lastly, the prayer of the applying states, “Direct all the High Courts and Trial Courts to refrain from passing observations and imposing conditions in rape and regulatory offence cases, at any stage throughout the judicial proceedings, that trivializes the trauma undergone by survivors, adversely affects their dignity besides being against the criminal justice system”

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