New Delhi, April 15: The Supreme Court on Tuesday strongly criticized an observation made by the Allahabad High Court suggesting a rape victim had "invited trouble."
A bench of Justices BR Gavai and Augustine George Masih warned judges to avoid insensitive comments in sexual violence cases.
The remark, made by Justice Sanjay Kumar Singh on March 11 while granting bail to a rape accused, drew sharp disapproval. “Yes, bail can be granted, but what is this discussion that she invited trouble? One must be cautious,” Justice Gavai said.
Solicitor General Tushar Mehta echoed the concern, stressing that justice should not only be done but also be seen to be done.
The SC's rebuke came during a suo motu hearing on another controversial Allahabad HC ruling that downplayed an alleged child sexual assault. The March 17 order had diluted charges against two accused, stating their actions didn’t indicate intent to rape.
On March 26, the court criticised the judgment's insensitivity and suspended the ruling. The matter gained attention after senior advocate Shobha Gupta, through 'We the Women of India', brought the March 17 order to the Chief Justice's attention.
Justice Ram Manohar Narayan Mishra's March 17 order had modified charges against two accused, originally charged under Section 376 IPC and Section 18 of POCSO Act, to lesser charges under Section 354-B IPC and Sections 9/10 of POCSO Act.
The High Court's order stated that the accused's actions of grabbing the victim's breasts and attempting to remove her clothing were insufficient to establish intent to commit rape, as "no other act is attributed to them to further their alleged desire to commit rape on the victim."
The apex court had earlier suspended that judgment and sought responses from all parties, including intervention from the Attorney General and Solicitor General.
