7 Guidelines of Supreme Court: courts should not suggest marriage or compromise in crime against women
The courts should know the limits of their jurisdiction or rights. Do not go out of Laxman Rekha. Sensitization must be seen at every step. The Supreme Court said this against the one decision of granting bail to an accused on the condition of getting the rakhi tied to the victim.
The Supreme Court has overturned a decision of the Madhya Pradesh High Court granting bail to an accused of sexual harassment (Crime Against Women) on the condition of getting the rakhi tied to the victim. The court has also issued Supreme Court Guidelines in such cases. The apex court has advised to avoid the orthodox stance against women in cases related to sexual offenses. The court said that the court should not suggest on its behalf the condition of marriage, reconciliation or compromise between the victim and the accused.
The Supreme Court said in the guideline that the bail conditions should not mandate or allow contact between the accused and the victim. In bail terms, the complainant should try to protect the accused from any harassment. The court said that the complainant / prosecution can be heard where considered necessary - is there any strange situation due to which additional conditions may be required for his safety.
The court said that wherever bail is granted, the complainant should be informed immediately that the accused has been granted bail. In bail terms, there should be instructions to move away from orthodox or patriarchal assumptions about women and their place in society. There should be strictness as per the requirements of CrPC.
The Supreme Court held that courts, while hearing a case, should not suggest or hear any presumption (or encourage any move) between the prosecution and the accused to marry, as it would be a matter of their powers and jurisdiction. Is beyond The Supreme Court has said that the courts should not give suggestions on the condition of reconciliation or compromise on their behalf.
The courts should know the limits of their jurisdiction or rights. Do not go beyond that Lakshman Rekha. Sensibility should be seen at every step. The Supreme Court instructed that the court should also feel the pain everywhere in the arguments, arguments, orders and verdicts. Especially, the judge should be more careful, sensitive while speaking so that the confidence of the victim does not falter. Nor has any effect on the fairness of the court.