A petition was filed on 11th October 2020 by Supreme Court Advocate Aparna Bhat and eight other women lawyers challenging the bail condition of 30th July 2020 imposed by the Madhya Pradesh High Court which directed the man accused of sexual assault to get Rakhi tied by the victim. This challenge was to be heard on 16th October by the top Court.
The Supreme Court issued a notice on 16th October, 2020 to Attorney General K K Venugopal in the plea which questioned the trivialization of sexual offenses by the Courts in India.
Senior Advocate Sanjay Parikh argued that the plea is not limited to Madhya Pradesh High Court but it calls into question the remarks made that objectify women who suffer sexual assault.
The plea further pointed out that the judgment of High Court would trivialize such a heinous offense and that it may also result in “normalizing what is essentially a crime.”
The plea stated that the High Court directions would also lead to “victimization of the survivor in her own house” highlighting that the alleged offense of outraging the victim’s modesty was committed by the accused by forcibly entering her house.
One of the substantial question raised was – “Whether it is appropriate for a Court to impose such conditions which allow a contact between the accused and the complainant?”
Gayatri Vipul Lachke