Attorney General KK Venugopal told the Supreme Court that increasing women judges in the judiciary can be helpful in dealing with the non-empathetic approach of judges in cases of sexual violence. He also brought to focus the fact that there has never been a female CJI (Chief Justice of India).
As per the report of Bar and Bench, Attorney General (AG) Venugopal was replying to a plea filed by nine women lawyers led by Supreme Court advocate Aparna Bhat. The petition questioned the bail conditions imposed by the Madhya Pradesh (MP) High Court wherein an accused molester was asked to get a Rakhi tied by the woman as a condition for enlargement on bail.
"No female Chief Justice of India ever": Attorney Generak KK Venugopal pointed out while suggesting steps to combat non-empathetic approach of judges in sexual violence cases— Bar & Bench (@barandbench) December 2, 2020
report by @DebayanDictum#supremecourtofindia
The accused molested the woman but he was granted bail after he agreed to get a rakhi tied by her. The petition cited orders from other High Courts to highlight the non-empathetic approach of judges in cases of sexual violence.
What You Should Know
- KK Venugopal told the Supreme Court that increasing women judges in the judiciary can help in dealing with the non-empathetic approach of judges in cases of sexual violence.
- The AG also said that courts should avoid suggesting a compromise between the accused and survivor.
- Venugopal also brought up the fact that so far India has never had a woman Chief Justice.
AG Venugopal said this Court (Supreme Court) only has two women judges, as against a sanctioned strength of 34 judges.
AG Venugopal suggestions
According to the Bar and Bench, AG Venugopal also suggested measures to improve the strength of women in the judiciary. He suggested collection of data to determine the number of women judges in the lower judiciary and in tribunals. He said the same should be done to determine the number of senior designates by all High Courts, year wise. AG Venugopal further suggested the need to ensure greater representation of women at all levels of the judiciary, including the Supreme Court.
The AG said the Supreme Court could consider highlighting the following in cases of crimes against women:
- Bail conditions should not mandate contact between the accused and the survivor.
- Bail conditions must protect the complainant from any harassment by the accused.
- Wherever bail is granted, the complainant may immediately be informed that the accused has been granted bail.
- Bail conditions must be free from stereotypical or parental notions of women and their place in society. The bail conditions must strictly be in accordance with the requirements of the CrPC (Criminal Procedure Code).
- Courts should avoid suggesting a compromise between the accused and victim.
Sagrika Giri is an intern with SheThePeople.TV.