The Supreme Court on Tuesday slammed the Allahabad High Court for its remark suggesting that the rape victim had “invited trouble,” cautioning judges to refrain from making inappropriate and insensitive observations.
A bench comprising Justices BR Gavai and Augustine George Masih strongly objected to a recent remark by the High Court, which suggested the woman had invited trouble and was responsible for the alleged rape.
“There is another order now by another judge. Yes, bail can be granted, but what is this discussion that she herself invited trouble, etc. One has to be careful when saying such things especially on this side (judges),” Justice Gavai said.
Reacting to this, the Solicitor General of India, Tushar Mehta, said that complete justice should not only be done but also seen to be done.
“How a common person perceives such orders needs to be kept in mind,” he added.
The Allahabad High Court recently granted bail to a rape accused, observing that the complainant had “invited trouble” by going to the accused’s house after consuming alcohol.
The Supreme Court made the remarks while hearing a suo motu case it had initiated in connection with a separate matter, where the Allahabad High Court ruled that acts such as groping a child victim, breaking the string of her pyjama, and attempting to drag her beneath a culvert did not amount to rape or attempted rape. The bench has adjourned the hearing of the suo motu case for four weeks.
