SC takes note of HC judge's remark that rape survivor 'invited trouble', calls for judicial restraint

NEW DELHI: “Now, there’s another order by another judge” — this was how the Supreme Court reacted while expressing its disappointment over the casual remarks made by judges of Allahabad High Court in recent months.

The court was referring to remarks made by a judge who while granting bail to an accused said the woman herself had invited trouble and was responsible for the alleged rape committed against her.

The apex court has been expressing concern over the loose remarks and observations made by judges and taken suo motu cognisance in two cases. A bench of Justices B R Gavai and A G Masih was hearing suo motu case which was initiated after Allahabad HC order which had passed a controversial order 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.

Though the bench deferred the hearing, it, however, noted the latest controversial remarks made by HC judge earlier this month which was widely published in newspapers. The court was referring to remarks made by Justice Sanjay Kumar Singh, who while granting bail to an accused in a rape case, said that complainant “herself invited trouble” by agreeing to go to the applicant's house after getting drunk.

“There’s 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 from this side,” the bench said.

Solicitor General Tushar Mehta also shared the same concern and said that such remarks send a very wrong signal about the judiciary. He said that a judge must realise how his remarks would be perceived by a common person. “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,” Mehta said.

Interestingly, the HC’s remark came days after SC on March 26, stayed another controversial Allahabad HC order which stated that grabbing a woman’s breasts and pulling the drawstrings of her pyjama “did not amount to attempted rape”, saying this reflected “total insensitivity” and “inhuman approach”. Severly criticising that judgement, the top court had held that the verdict was “totally unknown to the cannons of law” and stayed its operation.

In another case, SC had last year in Dec took note of a controversial speech by Allahabad HC judge Shekhar Kumar Yadav, in which he had reportedly said the country would function as per the wishes of the ‘bahusankhyak (majority)’ while describing “kathmullahs (referring to Muslims)” as harmful for the nation. Amid protests that his remarks were unconstitutional and were aimed against the minority community, the apex court had sought a report from the HC.