Supreme Court quashes 'Rakhi to molester' bail condition set by lower court

The Supreme Court on Thursday quashed a controversial bail condition set by the Madhya Pradesh High Court in a molestation case. As the bail condition, the court had asked the accused to "request the victim to tie a Rakhi on his hand."

New Delhi: The Supreme Court on Thursday overruled an order by the High Court of Madhya Pradesh which granted bail to an accused in a molestation case on the condition that he would request the victim to tie him Rakhi.

The apex court observed the judges should avoid remarks which create stereotypes in society. It also said there is a need for the judiciary to develop a module of judges, lawyers and the public to create gender sensitisation.

In the order issued by the high court on July 30, 2020, the accused was granted bail and was imposed a condition that he along with his wife shall visit the house of the complainant and request her to tie Rakhi' to him with the promise to protect her to the best of his ability for all times to come.

The Supreme Cout bench led by Justice S Ravindra Bhat pronounced its verdict today on a petition filed by nine lawyers led by Aparna Bhat who had contended that the Madhya Pradesh court order was a gross radicalisation of the trauma suffered by the victim.

It alleged that imposing such a condition results in further victimization of the survivor in her own house. In the context of Rakshabandhan being a festival of guardianship between brothers and sisters, the said bail condition amounts to a gross trivialization of the trauma suffered by the complainant in the present case, it said, adding that the alleged incident is said to have been committed by the accused by forcibly entering the complainant's house.

While it is routine for courts to award certain compensation to survivors of sexual offences to be paid by the accused, it is highly objectionable for the high court in the present case to put the complainant in a position where she is forced to accept the sum of Rs 11,000 as part of the customary ritual of Rakhshabandhan.

Moreover, the said bail condition also goes a step further by stating that Respondent No. 2 (the accused) tender Rs 5,000 to the son of the complainant.