HOLD IN CAMERA TRIALS -SEXUAL HARRASMENT

 

HOLD IN CAMERA TRIALS IN ALL SEXUAL HARRASMENT CASES



CASE: XYZ Vs State of Madhya Pradesh

In 2013, JS Verma Committee which reformed the Rape Laws in India after the Nirbhaya Rape Case mentioned about the In Camera Trial for Women. WHY this in camera trial? Earlier women had to go through multiple trial given her statements to police officer and courts again and again. So as per Section 327 of the Code of criminal Procedure, in trial camera were only allowed for Rape cases. During this woman had to go through the trauma, societal shame and unwanted stigma. These where the reasons women were scared of reporting and never tried approaching the police or the court. To remove these barriers JS Verma Committee came up with in camera trials for Rape.

On 12th August 2022, bench comprising of Justice D.Y. Chandrachud and Justice JB Pardiwala noted that legal proceedings tend to be more onerous for complainants for sexual assault as they are dealing with trauma and societal shame.  The court directed all lower courts to allow in camera in all cases relating to the sexual harassment.  The court has now extended the Section 327 of Code of Criminal Procedure to all sexual harassment on woman.

The bench ordered Four duties and responsibilities that need to be followed by the trial court in an appropriate manner:

a)     Allowing proceeding to be conducted in camera, when appropriate, either under section 327 Code of Criminal Procedure or when the case otherwise involves the aggrieved person testifying s to their experience of sexual harassment/violence.

b)     Installation of a screen to ensure that the aggrieved woman does not have to see the accused while testifying and immediately leave the remove after women’s testimony. 

c)     Ensuring that the counsel for the accused conducts the cross-examination of the aggrieved woman in a respectful manner regarding the sexual history.  Before asking the cross-questions, the counsel has to submit the questions to the court.

d)     Completing cross-examination in one sitting, as far as possible.

The court relied on the judgment in the case Aparna Bhat Vs. State of Madhya Pradesh, in which it was noted that criminal procedure was moulded in a manner to enable victims of sexual crimes to seek justice and handle sexual crimes in appropriate sensitive manner.  The bench also said it is important for all the courts to remain cognizant of the fact that the legal process tends to be more onerous for complaints who are potentially dealing with trauma and societal shame due to the unwanted stigma attached to victims of sexual harassment and assault. And if the police fails then it is the duty of the court to take care.

 

 Legal Basta law firm actively supports in term of Free Legal assistance- and legal help to the victims of sexual abuse and always take legal stand for the legal rights of child and women…

contact us for 24 hours free legal assistance at 8800548696

 

 

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