On Friday, in an open letter to the Chief Justice of India SA Bobde and Supreme Court Judges including Justice R Banumathi, Justice Indu Malhotra and Justice Indira Banerjee, SC Advocate Aparna Bhat has urged the Court to issue an advisory to all High Courts and Subordinate Courts to refrain from commenting on the conduct of victims of sexual violence.
The incident that compelled her to do so is the current Karnataka High Court order in which it granted anticipatory bail to a rape accused expressing its reservations about the genuineness of the complainant’s case.
In the said order, the Court observed that her explanation that after the perpetration of the act she was tired and fell asleep is unbecoming of an Indian woman.
The HC Judge found it difficult to believe that the complainant was subjected to rape on the false promise of marriage given circumstances of the case.
Advocate Bhat, in her letter stated that she is well aware that it is breaking of protocol on her part in writing the letter.
She though has questioned whether there exists a protocol for rape victims to follow post the incident which is written in the law that she is not aware of?
The letter read
"Are 'Indian women' an exclusive class who have unmatched standards post being violated? Who are 'our women'?
The Lawyer, who has closely dealt with rape cases, mentions that adult women who accuse men of sexual violence and with whom they have been in a relationship in the past, "rarely get empathy from the system."
Bhat states that the opinions of Justice Dixit "reflect misogyny at its worst and since it is from a judge of a Constitutional court, not condemning it will amount to condoning."
She has elaborated as to how the observation could impact proceedings in courts subordinate to the High Court and stated that "disparaging comments are made casually about the conduct of the victims" often in Mofussil/Lower Courts when they are examined during the course of a criminal trial.
She said:
"While one shudders each time this is encountered and beseeches the judge concerned to censure such conduct, what can one do when superior courts exercising supervisory jurisdiction over these courts exhibit these neanderthal opinions about women?"
Bhat has now urged the Top Court to intervene and issue an advisory to the effect of discouraging such comments about victims of sexual violence by High Courts and lower courts. urges Advocate Bhat.
She appealed:
"Intervene and issue an advisory to all the High Courts and the subordinate courts in the Country to refrain from commenting on the conduct of the victims, exercise restraint to ensure that their judgements do not reflect stereotypical notions that one may nurse about women, shun misogyny and strive towards enhancing the dignity of women while preserving the sanctity of the judiciary, "
Apart from her, on the same matter, another open letter has also been addressed to Justice Dixit by a collective of activists, individuals and groups, urging the Karnataka HC Judge to self-correct the controversial bail order.
It has been asserted in the letter that, "we cannot accept when judicial officers abandon their role as Judges with constitutional obligation and responsibilities but instead express opinions that justify the worst of patriarchal norms and practices."
Read Adv Bhat's Letter Here:
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