Supreme Court raps Allahabad HC for rape survivor ‘herself invited trouble’ remark: ‘Why must a Court…’

The Supreme Court of India on Tuesday strongly criticised an Allahabad High Court order that granted bail to a man accused of raping a postgraduate student, while controversially suggesting that the survivor had “herself invited trouble” and was “responsible” for the alleged assault.

Allahabad HC says rape survivor ‘responsible’ for assault

The survivor had alleged before the Allahabad High Court that the accused, whom she met at a bar, raped her twice at his relative’s apartment after she agreed to go there to rest, being heavily intoxicated and in need of support.

Despite these allegations, a Single Bench of the Allahabad High Court granted bail to the accused, observing, “This court is of the view that even if the allegation of the victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same.”

The Allahabad HC further noted that the rape survivor, an MA student, was competent enough to understand the “morality and significance of her act” as disclosed in the FIR.

The Allahabad High Court’s remarks sparked widespread outrage and concern over judicial sensitivity in cases involving sexual violence.

During the Supreme Court hearing, Justice BR Gavai expressed deep unease over the language used by the Allahabad High Court, stating, “Granting bail is one thing, but why must a Court make such remark?”

The Supreme Court judge emphasised the critical need for judges to exercise caution and sensitivity in their words and approach, especially in matters of sexual assault.

Solicitor General Tushar Mehta echoed these sentiments, urging that “justice should not only be done but must also be seen to have been done.” He highlighted the importance of considering how such judicial observations might be perceived by the common public, who may not be familiar with legal nuances, and warned that victim-blaming remarks could erode public trust in the justice system.

Grabbing breast of minor not rape: Allahabad HC's remark sparks ire

The Supreme Court’s intervention comes amid heightened scrutiny of judicial attitudes towards sexual violence cases, following another controversial Allahabad High Court decision.

In that case, Justice Ram Manohar Narayan Mishra ruled that actions such as grabbing the breasts of a minor girl, breaking the string of her pyjama, and attempting to drag her beneath a culvert did not constitute an offence of attempt to rape. The Supreme Court has adjourned the hearing on that matter due to incomplete service.

This article will be updated as the Supreme Court continues to hear the case.