Aparna Bhat & Ors. v. The State of Madhya Pradesh & Anr.
Background
A man accused of entering his neighbour's house at night and sexually harassing her (an offence under Section 354A and other IPC provisions) was granted anticipatory bail by the Madhya Pradesh High Court, but on the condition that he visit the complainant with his wife, have her tie him a Rakhi (a ritual symbolising a brother-sister bond), pay her a customary sum, and seek her blessings. Public-spirited individuals, concerned about this and similar orders by various courts imposing bail conditions that trivialised sexual offences or made degrading remarks about survivors, appealed to the Supreme Court and sought broader directions for all courts.
Decision Breakdown
The Supreme Court held that the "Rakhi" bail condition was wholly inappropriate: it forced an unwanted, deeply personal relationship between the survivor and the accused, trivialised a serious sexual offence, and reflected patriarchal, stereotypical thinking that has no place in judicial reasoning. Surveying similar orders from other High Courts (e.g., directing an accused to become a "Covid-19 warrior," or judicial remarks blaming a survivor's conduct), the Court held that bail conditions must never require contact between accused and survivor, must never suggest compromise or marriage as a resolution to a sexual offence, and must never reflect stereotypes about women's dress, behaviour, or morality. It expunged the impugned bail condition and issued binding directions: bail orders should protect complainants from further contact, courts must promptly inform complainants when bail is granted, mediation/marriage must never be suggested in such cases, and gender-sensitisation training must be made mandatory for judges, public prosecutors, and law students (through the National Judicial Academy and Bar Council of India).
Lesson Learnt
Bail conditions in sexual offence cases must focus solely on ensuring the accused's presence at trial and the survivor's safety: they can never require reconciliation, ritual gestures, or any other contact with the survivor, and judges must keep stereotyped or victim-blaming language entirely out of their orders and reasoning.