New Delhi: After the Allahabad High Court recently stated that a rape victim had ‘herself invited trouble’, the Supreme Court on Tuesday expressed displeasure over such an order. The Justice BR Gavai-led SC bench found the observations to be highly insensitive.
Earlier, the Allahabad HC granted bail to a rape accused, observing that the complainant “herself invited trouble” by agreeing to go to the applicant’s house after getting drunk. The SC intervened to stay an “insensitive” order passed by another high court justice in a rape attempt case
Last month, the Allahabad HC, in its order, reportedly observed that the woman was a student of MA and hence she “was competent enough to understand the morality and significance of her act.” The HC order was passed by Justice Sanjay Kumar Singh.
“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). One thing here and there,” Bar and Bench quoted Justice BR Gavai as saying.
Justice Gavai listed the case after four weeks. “Let the case be listed after 4 weeks. Let service on respondents be completed,” the bench directed.
Last week, a plea filed by civil society network Just Rights for Children Alliance and the survivor’s mother challenged the HC order. The plea had come up for hearing before a bench of Justices BR Gavai and Augustine George Masih.
“The high court has mentioned the name of the victim’s mother, who is the complainant, and there are number of orders of this court that the name should be redacted,”senior advocate HS Phoolka, appearing for the petitioners, said.
On March 26, the apex court had stayed the high court’s another order, which said grabbing breasts and pulling the drawstring of a woman’s “pyjama” or lowers did not amount to the offence of attempt to rape.”
The top court had taken a suo motu cognisance of the matter. This happened after the matter was brought to the notice of Chief Justice of India Sanjiv Khanna.
The top court had said, “Until further orders, there shall be stay to the observations made by the judge in paragraphs 21, 24 and 26 of the order dated March 17, 2025.”
The apex court had also issued notices to the Centre, Uttar Pradesh government and the parties before the HC in the matter and sought their responses.
