Source: The post Bail Conditions Forcing Marriage Harm Survivors’ Dignity has been created, based on the article “A legal ‘remedy’ that perpetuates survivor trauma” published in “The Hindu” on 12th February 2025

UPSC Syllabus Topic: GS Paper2-Governance – Mechanisms, laws, institutions and bodies constituted for the protection and betterment of vulnerable sections.

Context: The article criticizes courts granting bail to rape accused on the condition of marrying the survivor. It argues that this violates legal guidelines, harms survivors, and shifts the state’s responsibility. Such conditions reinforce patriarchal norms and may affect the trial’s fairness.

Can Courts Grant Bail on the Condition of Marriage?

1. In Atul Gautam vs State of Uttar Pradesh (2025), bail was granted if the accused married the survivor and deposited ₹5 lakh.
2. In Abhishek vs State of Uttar Pradesh and Ors. (2024), bail was given with a similar condition.
3. The Supreme Court in Aparna Bhat vs State of Madhya Pradesh (2021) ruled that bail conditions must prevent contact with the survivor.
4. In Re: Right to Privacy of Adolescents (2024), the Court held that the state must provide support to survivors.
5. Bail conditions must not violate Article 21, ensuring dignity and justice.

Does This Violate Legal Guidelines?

1. The Supreme Court in Aparna Bhat vs State of Madhya Pradesh (2021) ruled that bail conditions must prevent contact between the accused and the survivor to avoid secondary trauma.
2. Courts must not reinforce gender stereotypes or patriarchal views.
3. In Kunal Kumar Tiwari vs State of Bihar (2017), the Court ruled that bail conditions should not be arbitrary.
4. The Allahabad High Court’s decisions contradict these rulings.
5. Bail conditions forcing marriage violate the survivor’s autonomy and create dependence on the accused.

How Do These Conditions Affect Survivors?

1. Violates Legal Guidelines: The Supreme Court in Aparna Bhat vs State of Madhya Pradesh (2021) ruled that bail conditions must prohibit contact between the accused and survivor to prevent trauma. The Allahabad High Court’s decisions contradict this.
2. Forces Unequal Relationships: Marriage as a condition assumes it can undo the crime. This forces survivors into coercive relationships, violating their autonomy.
3. Encourages Manipulation: The accused may misuse marriage to escape conviction, as seen in Atul Gautam vs State of Uttar Pradesh (2025).
4. Affects Trial Fairness: Bail conditions should not influence trials. Marriage alters survivor-accused dynamics, impacting testimony and justice.
5. Shifts State Responsibility: In Re: Right to Privacy of Adolescents (2024), the Court ruled the state must support survivors, not shift responsibility to courts or accused.

What Needs to Change?

1. Judicial decisions must focus on justice, not social norms.
2. The dignity, rights, and autonomy of survivors must be protected.
3. Courts should ensure fair trials and prevent conditions that may harm survivors.
4. The state must take responsibility for survivor welfare, not shift it to courts.

Question for practice:

Evaluate whether granting bail on the condition of marriage violates legal guidelines and affects the rights and dignity of survivors.