Man accused of sexual assault to get Rakhi tied by victim , bail challenged by Nine women lawyers at Madhya Pradesh HC

Supreme Court advocate Aparna Bhat and eight other women lawyers have challenged 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.The petitioners have however stated that they have not challenged the grant of bail but only the condition set out of tying rakhi to the accused.

The plea filed by Advocate on Record, Pukhrambam Ramesh Kumar, has sought for a stay on the condition for bail imposed on July 30. The plea avers that since the judgment comes from a High Court, it would trivialize such an heinous offence and that “there is a strong likelihood that such observations and directions may result in normalizing what is essentially a crime and has been recognized to be so by the law.”While Rakshabandhan is a festival of guardianship between brothers and sisters, the petitioners argue that the said bail condition amounts “to a gross trivialization of the trauma suffered by the complainant in the present case.”

The petitioners : The High Court direction that the accused visit the victim’s house would also lead to the “victimization of the survivor in her own house”, the petitioners submit. The plea further highlights that the alleged offence of outraging the victim’s modesty, in this case, was committed by the accused by forcibly entering the victim’s house.

Objection is also raised towards that fact that the sexual assault survivor is “forced to accept the sum of Rs. 11,000 as part of the customary ritual of Rakhshabandhan”, as opposed to compensation that may be awarded by courts. The challenge will be heard on October 16 by the top Court.

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