Aparna Bhat v. the State of Madhya Pradesh (2021) SCC 230 - Synopsis
Team SoOLEGAL 30 Jun 2021

In March 2021, Justice Bhat criticised the judgement passed by Single Judge of Madhya Pradesh HC, where a man was granted bail, who was accused of sexual assault since he was tied Rakhi by the survivor. It was held by the bench that, “using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate” which was “wholly unacceptable.”


The bench invoked past judgements and the Bangalore Principles of Judicial Conduct, 2002 by digging into the issue of stereotyping genders in judicial composition and specified stereotyping gender while passing judgements to be absolutely. In this matter a few intrusions for Judges were fixed. Bail conditions should not reply upon the contract between the parties, but protection of the complainant from the accused in future. Bail conditions should not reflect man-centric or stereotypical thoughts about women and their place in the public eye, and should stringently be as per the necessities of the Cr. PC. All in all, conversation about the dress, conduct, or ethics of the prosecutrix, ought not enter the decision of a Court.  In cases, after receiving reports from the police if the court tends to believe there might be possible harassment of the victim, appropriate order should be passed testing the nature of protection separately. The courts while judging cases including sexual violations, ought not to propose or engage any ideas of settlement between the prosecutrix and the blamed to get married, recommend or order other dispute resolutions between the denounced and the survivor. Judges have been asked to show sensitivity towards the complainant, ensuring peaceful proceedings and have been directed to not use any language that would sabotage or shake the certainty of the survivor in the reasonableness or unprejudiced nature of the court.


The judgement puts forward a distinct message regarding the role of Judges to avoid patriarchal notions.

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