Thread by @barandbench

(Trivialization of sexual offences case)

Supreme Court to take up a challenge to the July 30 bail condition imposed by Madhya Pradesh High Court where a man accused of sexual assault was asked to get a Rakhi tied on him by the victim.

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#MadhyaPradeshHC

SC had issued notice to Attorney General KK Venugopal to decide a larger issue of judges "trivializing the issue of sexual offences" by such orders.

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AG KK Venugopal: So far as present case is concerned, on the face of it the court seems to have been carried away. Court must restrict themselves to conditions under 437 and 438. All this drama and this needs to be condemned.

AG: suggestion is the exam for judges and National judicial academy and state judicial academy must have programs on gender sensitization. As far as e committee is concerned, SC judgment should be put on state information system which will go to subordinate courts

AG: So far as sensitization is concerned, gender sensitization and grievance redressal committee is there in SC and lectures need to be given to district and subordinate, high courts too about gender sensitization

SC: can you circulate a note with your submissions

SC: discretion about conditions for such cases needs to be deliberated

AG: judges need to be educated about such orders..

SC: when we define the areas what is permissible and what areas are not. Else we can define the areas where discretion can be excercised.

AG: This is an opportunity for this Court to impart gender sensitization..

Senior Adv Dushyant Dave: A 96 year old ex judge and 84 year old senior adv has intervened. I am appearing for them and they have shown HC orders..

SC: all of you file submissions on this

Senior Adv Sanjay Parikh: we have also circulated a note but will improve upon this

SC: The matter to be listed after 3 weeks. Parties and intetvenors have to file written note.

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Case to be taken up next on November 27, 2020

High Courts trivializing sexual offences "nothing but drama", must be condemned: AG KK Venugopal to Supreme Court

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