After taking suo moto cognizance in judge’s contentious remarks, the Supreme Court strongly objected to Allahabad High Court judge’s ‘she herself invited trouble’ remark for an alleged rape victim. The apex court, on Tuesday, warned judges against using such observations in cases involving sexual violence against women.
Notably, the Bench comprising Justices BR Gavai and Augustine George Masih objected to the Allahabad HC judge’s recent observation where he opined that the “woman herself invited trouble” and “was responsible” for the alleged heinous crime committed against her.
Supreme Court to resume suo moto hearing on Allahabad High Court’s order which had held that acts of grabbing a child victim’s breasts, breaking the string of her pyjama, and attempting to drag her beneath a culvert do not constitute the offence of rape or attempt to rape.… pic.twitter.com/q39mXhJNCj
— Bar and Bench (@barandbench) April 15, 2025
The contentious remarks were made by Justice Sanjay Kumar Singh of the High Court on 11th March while granting bail to a rape accused who was arrested in December 2024 under charge of sexually assaulting a woman he met at a bar in Hauz Khas, Delhi.
During today’s proceedings, the Supreme Court noted that granting bail to an accused is the discretion of the judge depending on the facts of each case, however, such unwarranted observations against the complainant should be avoided.
Justice Gavai said, “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).”
To which, Solicitor General Tushar Mehta replied, “Complete justice should not only be done but also seen to be done. How a common person perceives such orders will also have to be seen.”
The top court warned judges against making such contentious remarks while hearing a suo motu case initiated by it in another case in which the Allahabad High Court had held that grabbing a child victim’s breasts, breaking the string of her pyjama etc do not constitute the offence of rape or attempt to rape.
It took the matter suo motu after the contentious verdict was brought to the notice of the apex Court by an organisation named ‘We the Women of India’.
Earlier on 26th March, the apex court had stayed the High Court order after finding that the order reflected lack of sensitivity on the part of the High Court judge stressing that it was not a spur of the moment order.
