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2021 Supreme(SC) 151

A.M.KHANWILKAR, S.RAVINDRA BHAT
APARNA BHAT – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjay Parikh, Sr. Advocate, Mr. Pukhrambam Ramesh Kumar, Advocate, Ms. Krishma Maria, Advocate
For the Respondent:Mr. K K Venugopal, Ld. A.G., Mr. B V Balaram Das, Advocate, Mr. Vinam Gupta, Advocate

Judgement Key Points

Key Points: - The judgment emphasizes avoiding gender stereotypes and ensuring fairness in cases involving sexual offences against women. (!) (!) - It sets out specific bail-related guidelines: no contact with the victim, protection against harassment, inform the complainant about bail, avoid sexist or compromising language, and prohibit mediation/compromise as a basis for bail. (!) (!) (!) (!) (!) (!) - It mandates gender-sensitization training for judges, prosecutors, and the bar, including curriculum development by the National Judicial Academy and inclusion in law curricula/exams. (!) (!) (!) - It condemns bail conditions like Rakhi tying or similar rituals that imply reconciliation or forgiveness and transform the accused’s conduct into something acceptable. (!) (!) - It references prior jurisprudence (Kunal Kumar Tiwari, Sumit Mehta) on the proper limits of bail conditioning and the need to balance personal liberty with investigative fairness. (!) (!) - It asserts the judiciary’s duty to maintain impartiality and not undermine the survivor’s confidence through biased remarks or observations. (!) (!) - It directs High Courts to remove offending bail conditions from records and to develop judicial sensitivity modules for sexual offences. (!) (!) (!)

Question 1?

How to ensure bail conditions in cases of crimes against women do not perpetuate gender stereotyping or compromise the survivor's dignity?

Question 2?

What is the appropriate scope of bail conditions under CrPC Sections 437/438 to protect survivors without compromising investigation or encouraging compromise?

Question 3?

What are the guidelines for judicial sensitivity and gender sensitization to be implemented in training judges and bar to handle offences against women?


JUDGMENT :

S. RAVINDRA BHAT, J.

A woman cannot be herself in the society of the present day, which is an exclusively masculine society, with laws framed by men and with a judicial system that judges feminine conduct from a masculine point of view.”

– Henrik Ibsen

1. Leave granted. The appellants are public-spirited individuals, concerned about the adverse precedent set by the imposition of certain bail conditions in a case involving a sexual offence against a woman; they impugn a part of the judgment of the Madhya Pradesh High Court[In Vikram v. The State of Madhya Pradeshin MCRC 23350/ 2020, dated 30.7.2020] that imposed these bail conditions. With the consent of counsel for the parties, the appeal was heard finally. The appellants also filed an application[Crl. M.P No. 102226/2020], seeking directions that all the High Courts and trial Courts be directed to refrain from making observations and imposing conditions in rape and sexual assault cases, at any stage of judicial proceedings, that trivialize the trauma undergone by survivors and adversely affect their dignity. Certain intervenors also preferred an application in support of the appeal, seeking clear directions to all Courts to


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