Aparna Bhat V. State of Madhya Pradesh 2021

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FACTS OF THE CASE

Advocate Aparna Bhat and others filed an appeal against a judgement of the High Court of Madhya Pradesh in which the neighbour of the complainant (Sarda Bai) had entered her house on 20th April, 2020 at about 02:30 a.m.,  and tried to sexually harass her while holding her hand. An FIR was registered at Bhatpachlana Police Station of Ujjain District under Sections 452, 354A, 323 and 506 of IPC. After the investigation, a charge sheet was filed. The accused had filed an anticipatory bail application under section 438 of CrPC. The High Court of Madhya Pradesh while granting bail put forth the following conditions that the accused and his wife have to request the complainant “Sarda Bai” to tie Rakhi to him and give a box of sweets on 3rd August 2020 at 11:00 a.m. on the occasion of Raksha Bandhan and has to promise the complainant to protect her to the best of his ability and seek her blessings.The accused also has to give Rs. 11,000 to the complainant as a customary ritual given by brothers to sisters and Rs. 5,000 to her son for the purchase of clothes and sweets.

ISSUES

• What considerations should be kept in mind while deciding bail conditions for offences against women?
• Can such bail conditions imposed by the court affect the conduct of the trial in a fair and unbiased manner?

ARGUMENTS

• The appellants argued that this bail condition is unacceptable as no condition should be made that permits the accused to meet the complainant and her family that too in their own house.
• While referring to the Judgement of State of Madhya Pradesh V. Madanlal, the appellants argued that the idea of compromise, especially in the form of marriage between the accused and the prosecutrix is abhorrent.

JUDGEMENT

• The Supreme Court said that Courts must refrain from using patriarchal and stereotypical words whether writer or oral in courts.

• Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate, which is unacceptable, and has the effect of diluting and eroding the offence of sexual harassment.
• After discussion with the experts, Bar Council of India should include topics on sexual offences and gender sensitisation in Law Schools.
• The Supreme Court also mandates that a module on gender sensitisation be included, as part of the foundational training of every judge.
• The Supreme Court set aside the bail conditions and expunged them from the record.

REFERENCES

• 20318_2020_35_1501_27140_Judgement_18-Mar-2021.pdf (sci.gov.in)

written by Prnav Khokhar an intern under legal vidhiya.

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