New Delhi: Setting aside a controversial judgement of Madhya Pradesh High Court that asked a woman to tie 'rakhi' to a man accused of assaulting her sexually as a condition for his bail, the Supreme Court on Thursday issued slew of guidelines for lower courts which need to be adhered to while passing bail orders in sexual offences cases.
The apex court made the observations while hearing a petition filed by nine women lawyers against Madhya Pradesh HC July 30 order of transforming a molester into a brother by a judicial mandate.
A bench of Justices AM Khanwilkar and S Ravindra Bhat lashed out at lower courts and sought sensitisation of judges and lawyers and also ordered that in such cases, stereotypes must be avoided.
ALSO READ | 'Tie Rakhi For Bail': Supreme Court Quashes Madhya Pradesh HC Order In Sexual Assault Case
Here Are The Guidelines That Supreme Court Issued For All Lower Courts In Sexual Assault Cases:
The causes and factors of violence against women include entrenched unequal power equations between men and women that foster violence and its acceptability, aggravated by cultural and social norms, economic dependence, poverty and alcohol consumption, etc.- Supreme Court of India
They (lower court judges) have an important responsibility to base their decisions on law and facts in evidence, and not engage in gender stereotyping.- Supreme Court of India
Judges should identify gender stereotyping, and identify how the application, enforcement or perpetuation of these stereotypes discriminates against women or denies them equal access to justice. Stereotyping might compromise the impartiality of a judge's decision. - Supreme Court of India
Men, perhaps more than women, have a duty and role to play in averting and combating violence against women. On gender equality and gender sensitisation, the Attorney General argued that to achieve the goal of gender justice, it is imperative that judicial officers, judges, and members of the bar are made aware of gender prejudices that hinder justice.- Supreme Court of India
If judges falter, especially in gender related crimes, they imperil fairness and inflict great cruelty in the casual blindness to the despair of the survivors as it passed a slew of direction on the aspect of gender sensitisation in the legal fraternity.- Supreme Court of India
As far as the training and sensitisation of judges and lawyers, including public prosecutors goes, this court hereby mandates that a module on gender sensitisation be included, as part of the foundational training of every judge.- Supreme Court of India
National Judicial Academy should prepare a module for training of young judges with respect to gender sensitisation. Bar Council of India should consider topics on sexual offences and gender sensitisation be mandatorily included in the syllabus for the All-India Bar Examination.- Supreme Court of India
