The Supreme Court XYZ v/s State of Madhya Pradesh reiterated that it is the responsibility of the Courts to deal with the victims of sexual crimes in a sensitive manner. In light of this, it also issued a list of guidelines to the trial courts to avoid agony and harassment for such victims.
The Court passed the following directions:
It is the duty and responsibility of trial courts to deal with the aggrieved persons before them in an appropriate manner, by:
a) Allowing proceedings to be conducted in camera, when appropriate, either under Section 327 CrPC or when the case otherwise involves the aggrieved person (or other witness) testifying as to their experience of sexual harassment/violence;
b) Allowing the installation of a screen to ensure that the aggrieved woman does not have to see the accused while testifying or in the alternative, directing the accused to leave the room while the aggrieved woman's testimony is being recorded;
c) Ensuring that the counsel for the accused conducts the cross-examination of the aggrieved woman in a respectful fashion and without asking inappropriate questions, especially regarding the sexual history of the aggrieved woman. Also allowing cross-examination to be conducted in a manner that the counsel for the accused submits her questions to the court, who then poses them to the aggrieved woman;
d) Completing cross-examination in one sitting, as far as possible.
The Court further observed that "It is important for all courts to remain cognizant of the fact that the legal process tends to be even more onerous for complainants who are potentially dealing with trauma and societal shame due to the unwarranted stigma attached to victims of sexual harassment and assault. At this juncture, especially in cases where the police fail to address the grievance of such complainants, the Courts have an important responsibility."