New Delhi: On Tuesday, the Supreme Court expressed its dissatisfaction with a ruling from the Allahabad High Court, which suggested that the rape victim “herself invited trouble.” The bench, led by Justice BR Gavai, deemed these remarks to be profoundly insensitive.
In a contentious decision, the Allahabad High Court granted bail to a rape suspect, asserting that the complainant “herself invited trouble” by visiting the accused’s residence after consuming alcohol. This ruling emerged shortly after the Supreme Court intervened to suspend a similarly “insensitive” order issued by another high court judge in a case involving an attempted rape.
‘victim invited trouble’
The order, delivered by Justice Sanjay Kumar Singh last month, noted that the woman, an MA student, was “competent enough to understand the morality and significance of her act.”
Justice BR Gavai remarked, “Yes, bail can be granted, but what is this discussion about her inviting trouble? Care must be taken when making such statements, particularly from the bench. A single word can make a significant difference,” as reported by Bar and Bench.
Solicitor General Tushar Mehta emphasized, “Complete justice must not only be achieved but also be perceived as such. The public’s perception of such orders must also be considered.”
Justice Gavai scheduled the case for review in four weeks, directing that service on the respondents be completed by then.
Last week, a petition filed by the civil society group Just Rights for Children Alliance, along with the survivor’s mother, challenging the high court’s ruling, was heard by Justices BR Gavai and Augustine George Masih.
Senior advocate HS Phoolka, representing the petitioners, requested that the plea be associated with the suo motu proceedings set for April 15. He pointed out that the high court had mentioned the name of the victim’s mother, the complainant, despite multiple court orders mandating that such names be redacted.
On Tuesday, the Supreme Court expressed its dissatisfaction with a ruling from the Allahabad High Court, which suggested that the rape victim “herself invited trouble.” The bench, led by Justice BR Gavai, deemed these remarks to be profoundly insensitive.
In a contentious decision, the Allahabad High Court granted bail to a rape suspect, asserting that the complainant “herself invited trouble” by visiting the accused’s residence after consuming alcohol. This ruling emerged shortly after the Supreme Court intervened to suspend a similarly “insensitive” order issued by another high court judge in a case involving an attempted rape.
The order, delivered by Justice Sanjay Kumar Singh last month, noted that the woman, an MA student, was “competent enough to understand the morality and significance of her act.”
Justice BR Gavai remarked, “Yes, bail can be granted, but what is this discussion about her inviting trouble? Care must be taken when making such statements, particularly from the bench. A single word can make a significant difference,” as reported by Bar and Bench.
Solicitor General Tushar Mehta emphasized, “Complete justice must not only be achieved but also be perceived as such. The public’s perception of such orders must also be considered.”
Justice Gavai scheduled the case for review in four weeks, directing that service on the respondents be completed by then.
Last week, a petition filed by the civil society group Just Rights for Children Alliance, along with the survivor’s mother, challenging the high court’s ruling, was heard by Justices BR Gavai and Augustine George Masih.
Senior advocate HS Phoolka, representing the petitioners, requested that the plea be associated with the suo motu proceedings set for April 15. He pointed out that the high court had mentioned the name of the victim’s mother, the complainant, despite multiple court orders mandating that such names be redacted.
