The Supreme Court of India strongly criticised the Allahabad High Court for making inappropriate comments while granting bail in rape cases. The top court said that such remarks should not be made by judges and expressed concern over the message these orders send to society.

The Supreme Court made these observations while hearing a case it had taken up on its own (suo motu) after the Allahabad High Court passed an order on March 17. That order said “mere grabbing of the breasts” of a minor girl does not amount to rape. Now, the top court has also taken note of another recent judgement where the High Court granted bail to a rape accused and said the woman “herself invited trouble”.

SC expresses serious concern

A bench of Justices BR Gavai and AG Masih said judges must be very careful about what they say in sensitive cases. “Yes, bail can be granted... but what is this discussion that she herself invited trouble? One has to be careful when saying such things, especially on this side (judges). One thing here and there…” Justice Gavai said.

He further added, “What message does this send? While we deal with this case, we will see other cases also.” The court has now tagged both cases together and will hear them after four weeks.

The Supreme Court has already paused the earlier March 17 judgment and will now look into both controversial orders together.

What were the High Court’s controversial remarks?

On March 17, Justice Ram Manohar Narayan Mishra of the Allahabad High Court ruled that “grabbing breasts” and “breaking the strings of a girl's pyjamas” did not fall under rape or attempted rape. The judge said the act was a form of sexual assault, which has a lighter punishment.

This ruling was passed in a case where two men allegedly attacked an 11-year-old girl, grabbed her breasts, and tried to pull her beneath a culvert. The accused went to the High Court to challenge the rape charges filed by a lower court.

In another case, the High Court granted bail to a man accused of raping a woman in Delhi. The judge, Justice Sanjay Kumar Singh, said the woman “herself invited trouble” and that being a postgraduate student, she was mature enough to understand “the morality and significance of her actions”.

 

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