In a recent hearing, the Supreme Court expressed strong disapproval of a comment made by a judge of the Allahabad High Court, where he suggested that a rape victim ‘invited trouble’ for herself. The remark was made while granting bail to an accused in a rape case, where the victim had allegedly been assaulted by a man she met at a bar in Delhi’s Hauz Khas area. The Supreme Court reprimanded the high court for such insensitive language, calling it “horrific” and urging caution in making statements about victims of sexual assault.
The case had been ongoing since December 2024, when the accused was arrested for allegedly raping the woman. The Allahabad High Court’s remarks came under scrutiny after it granted bail to the accused, with Justice Sanjay Kumar Singh suggesting that the victim was partly responsible for her assault. The Supreme Court’s bench, comprising Justices BR Gavai and Augustine George Masih, emphasized the need for judicial sensitivity in such cases. They noted that while granting bail is a judge’s discretion, making unnecessary remarks against the complainant is inappropriate.
Solicitor General Tushar Mehta also stressed the importance of perception, saying that the court must be mindful of how the public perceives such statements. “Complete justice should not only be done but also seen to be done,” he said. The top court’s rebuke followed an earlier instance in which Allahabad High Court made controversial remarks in a child abuse case, suggesting that certain acts did not qualify as rape or an attempt at rape.
In both instances, the Supreme Court stayed Allahabad High Court’s orders, citing a “lack of sensitivity” and urging greater care in making rulings. The bench expressed deep concern about the insensitivity reflected in the earlier ruling and said it was not made in haste but signified a larger issue. As the case continued, the bench adjourned the matter for further hearings next month.
This issue underscores the ongoing need for courts to ensure that their comments and rulings reflect compassion, especially in cases involving vulnerable victims of sexual violence and abuse.
