The Hindu : Karnataka News : `Judiciary must become more sensitive to crimes against women'

Online edition of India's National Newspaper
Monday, Oct 18, 2004

Karnataka

Karnataka

`Judiciary must become more sensitive to crimes against women'

By Our Special Correspondent

Lord Justice Keene — Photo: Bhagya Prakash K.

BANGALORE, OCT. 17. A predominantly male judiciary should become more sensitive to violent crimes against women, Lord Justice David Keene, Chairman of the Judicial Studies Board of England and Wales, said here on Saturday.

"The judiciary in the U.K. is being encouraged to become more sensitive to issues such as rape and gender violence. Judges are increasingly trying to see that a rape victim is not traumatised during a trial. In some courts, a screen is placed so that the victim need not look at the defendant,'' he told The Hindu.

Practice

It had become the practice that a defendant in a rape case is not allowed to directly cross-examine the victim but only through a lawyer. "Judges are also becoming sensitive to facts such as the first instinct of a rape victim is to wash herself and thus forensic evidence may or may not be available,'' Lord Justice Keene said.

The judiciary in the U.K. is also becoming more aware of human rights issues though that country did not have codified human rights laws till four years ago.

"India is ahead of us in that respect,'' he said. Lord Justice Keene said he was very impressed with the standards of legal education in India and especially at the National Law School in Bangalore and Bhopal. "It takes tremendous dedication for a young person to go through a five-year course.

What India does not have is the practice of law students working in the chambers of barristers to gain experience,'' he added.

The Judicial Studies Board would continue interaction with the two national schools by perhaps presenting books and sharing expertise, he said.

Voluntary restraint

Regarding the media coverage of criminal cases, Lord Justice Keene said voluntary restraint was called for. "Especially in high-profile cases involving the young, the media should be careful... some tabloids may present reports in such a way that a fair trial may be affected.'' Among a few cases of contempt of court proceedings initiated in England, one related to the media coverage of two juvenile offenders.

Despite the caution given by the Bench, the newspaper revealed the identity of the juveniles and was heavily fined, he said.

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