New Delhi: Setting apart a controversial judgement of Madhya Pradesh High Court that requested a lady to tie ‘rakhi’ to a person accused of assaulting her sexually as a situation for his bail, the Supreme Court on Thursday issued slew of tips for decrease courts which have to be adhered to whereas passing bail orders in sexual offences instances.
The apex court docket made the observations whereas listening to a petition filed by 9 ladies legal professionals towards Madhya Pradesh HC July 30 order of reworking a molester right into a brother by a judicial mandate.
A bench of Justices AM Khanwilkar and S Ravindra Bhat lashed out at decrease courts and sought sensitisation of judges and legal professionals and likewise ordered that in such instances, stereotypes should be prevented.
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
