Supreme Court objects to Allahabad High Court observation that rape victim invited trouble
The Supreme Court of India has strongly objected to a recent observation made by a judge of the Allahabad High Court, which stated that a rape victim “invited trouble” and was responsible for the alleged assault. This remark was made while granting bail to a man accused of raping a postgraduate student. The victim had alleged that the accused raped her twice in his relative’s apartment after she agreed to go with him to rest, being heavily intoxicated. The Allahabad High Court judge had noted that even if the victim’s allegations were accepted as true, she herself invited trouble and bore responsibility, also stating that as a postgraduate student, she was mature enough to understand the morality of her actions. The medical report showed a torn hymen but no conclusive opinion on sexual assault was given by the doctor.
The Supreme Court bench led by Justice B.R. Gavai expressed displeasure at these remarks, calling them highly insensitive and cautioning judges to be careful and sensitive in their language, especially in cases involving sexual violence. Justice Gavai emphasized that while granting bail is within judicial discretion, courts should avoid making comments that appear to blame the victim. Solicitor General Tushar Mehta also highlighted that justice must not only be done but must also be seen to be done, warning about the negative perception such remarks create among the public.
This incident comes amid other controversial Allahabad High Court rulings on sexual assault cases, including one where the court had ruled that acts like grabbing a minor girl’s breasts and breaking the string of her pyjama did not amount to attempted rape. The Supreme Court had earlier stayed that order as well, citing total insensitivity.
The Supreme Court has taken suo motu cognizance of the Allahabad High Court’s remarks blaming the rape victim, stayed related controversial orders, and issued notices to the state and parties involved, underscoring the need for judicial sensitivity and careful language in sexual violence cases.
