Here Are The Guidelines Issued By Supreme Court For Cases Regarding Sexual Offences

Supreme Court Guidelines On Sexual Offence Cases: The Supreme Court struck down the controversial Madhya Pradesh High Court order that asked a woman to tie a ‘rakhi’ to the man that was accused of sexually assaulting her.

The Supreme Court issued a set of guidelines for lower courts to consider when passing verdicts. The court was hearing a petition from nine women lawyers who had stated that the orders were “gross trivialization of the trauma suffered by the complainant.” The guideline issued by the Supreme Court called for the sensitisation of judges and lawyer and also ordered that stereotypes should be avoided in such cases.

Seven Guidelines Issued By Supreme Court For Sexual Offence Cases

1. Bail conditions should not require or permit contact between the accused and complainant. The conditions for bail should seek to protect the complainant from further harassment by the accused.
2. If the court believes that there may be a potential threat of harassment of the survivor, the police must be called for reports and the nature of protection should be considered separately and the appropriate order should be made. In addition, the accused should be directed to not make any contact with the victim.
3. In case the bail is granted, the complainant should be informed that the accused has been granted bail immediately. A copy of the bail order should be made over to the complainant within two days.
4. The bail conditions and orders should be based on stereotypical or patriarchal notions about women’s place in society. The conditions should be in accordance with the requirements of the Code of Criminal Procedure. Discussions about the complainant’s clothing, behaviour, past “conduct” or “morals” should not enter the verdict.
5. The court should not suggest any “compromises” between the complainant and accused. Suggestions of marriage or mandating mediation between the complainant and accused is beyond their powers and jurisdiction.
6. It is imperative that the judges display sensitivity and ensure that there is no further traumatisation of the complainant during the proceedings.
7. Judges should not use any words that would undermine the survivor in the fairness or impartiality of the court.