From Our Bureau
NEW DELHI: In a series of directions to the trial courts, the Supreme Court on Friday held that all sexual sexual harassment cases should be held in camera and no inappropriate pointed questions should be asked to the sexual assault women, nor the sexual history of the aggrieved women should be sought.
A Bench of Justices D Y Chandrachud and Jmshed B Pardiwala regretted that the legal proceedings tend to be more onerous for complainants of the sexual assault, who are suffering trauma and societal shame. It said the trial courts have an important responsibility to handle such cases appropriately.
The top court passes a slew of directions in case filed by a Yoga instructor acusing a vice-chancellor of sexual abuse and termination of job for not obliging. She challenged the trial procedures and examination of witnesses in the trial court and came to the Apex Court after not getting any justice from the Bombay High Court.
Allowing her petition, the Supreme Court said the proceedings should be conducted in camera while the victim and the witnesses testify their experiences.
It suggested to install a screen to ensure that the aggrieved woman does not have to see the accused while testifying or in the alternative, the accused should be asked to leave the court room when the woman’s testimony is being recorded.
The Supreme Court also directed the trial judges to be respectful to the advocates of the accused while cross-examining and as far as possble the cross-examination must end in one sitting.
It said: “In cases alleging sexual harassment, sexual assault, raoe or any similar allegations, where the victim has already been traumatised, the courts should not further burden the complainant and they should press upon the police to investigate. Due regard must be had to the fact that it is not possible for the complainant to retrieve importance evidence regarding her complainant,” it said stressing that the magistrate should order police to probe further without harassing the victim woman.
