The Supreme Court on Tuesday sharply criticised the Allahabad High Court for its controversial remarks in a rape case, particularly questioning the suggestion that the victim had “invited trouble.” The top court took suo motu cognisance of the High Court’s ruling and labelled such observations as objectionable and reflective of outdated mindsets. The Supreme Court stressed that such language risks harming the dignity of survivors and should not be part of judicial discourse, especially in sensitive cases of sexual violence.
The issue stemmed from a judgment by the Allahabad High Court which ruled that grabbing the breast of a minor, breaking the string of her pyjama, and trying to drag her under a culvert did not constitute an attempt to rape. Instead, the High Court categorised the act as an aggravated sexual assault under the POCSO Act—a lesser charge with reduced punishment. The verdict sparked widespread criticism and public outrage, leading the Supreme Court to intervene.
The apex court further noted that the High Court’s judgment was not made in haste, as it had been reserved for nearly four months, indicating that the decision was the result of considered deliberation. Due to the gravity of the matter, the Supreme Court stayed the High Court’s order and emphasised the importance of using sensitive and appropriate language in cases involving sexual offences.
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