Case Title: Aparna Bhat v. State of Madhya Pradesh
The Supreme Court proposed that judges and public prosecutors should get gender sensitization training.
The panel, which included Justices AM Khanwilkar and S. Ravindra Bhat also suggested that each High Court should develop a module on judge sensitivity to sexual offences, which would be assessed in the Judicial Services Examination. It further urged the Bar Council of India to take steps to incorporate such courses into the LLB and AIBE curricula.
These instructions were delivered in the judgement that overturned the Madhya Pradesh High Court decision that had put a bail condition on the offender (accused of outraging the modesty of his neighbour) to request the victim to tie the rakhi around his wrist. The court noted:
"The National Judicial Academy is at this moment requested to devise, speedily, the necessary inputs which have to be made part of the training of young judges, as well as form part of judges' continuing education concerning gender sensitisation, with adequate awareness programs regarding stereotyping and unconscious biases that can creep into judicial reasoning. The syllabi and content of such courses shall be framed after consultation with sociologists and teachers in psychology, gender studies or other relevant fields, preferably within three months. The course should emphasize the relevant factors to be considered, and importantly, what should be avoided during court hearings and never enter judicial reasoning. Public Prosecutors and Standing Counsel too should undergo mandatory training in this regard. The training program, its content and duration shall be developed by the National Judicial Academy, in consultation with State academies. The course should contain topics such as appropriate court examination and conduct and what is to be avoided."
"The Bar Council of India (BCI) should also consult subject experts and circulate a paper for discussion with law faculties and colleges/universities regarding courses that should be taught at the undergraduate level, in the LLB program. The BCI shall also require topics on sexual offences and gender sensitization to be mandatorily included in the syllabus for the All India Bar Examination."
These instructions were delivered in the judgement that overturned the Madhya Pradesh High Court decision that had put a bail condition on the offender (accused of insulting his neighbour's modesty) to request the victim to tie the rakhi around his wrist.
The court observed that stereotyping could jeopardise a judge's impartiality and influence his or her views on witness reliability or the culpability of the accused.
"Judges can play a significant role in ridding the justice system of harmful stereotypes. They have an important responsibility to base their decisions on law and facts in evidence, and not engage in gender stereotyping. This requires judges to identify gender stereotyping, and identify how the application, enforcement or perpetuation of these stereotypes discriminates against women or denies them equal access to justice," the bench added.
The Court while disposing of appeal while imposing no costs also provided a list of guidelines for courts to follow when dealing with sexual offences.