Supreme Court Criticizes Allahabad High Court's 'Victim Blaming' Remark in Rape Case

The Supreme Court condemned the Allahabad High Court's inappropriate remark that a rape victim invited trouble, emphasizing judicial discretion should not perpetuate victim-blaming. The apex court stayed the High Court's order modifying charges in a rape case, critiquing the lack of sensitivity demonstrated and issued notices to relevant authorities.

The Supreme Court expressed strong disapproval of the Allahabad High Court's remark that a rape victim 'invited trouble' upon herself. Highlighting the need for judicial discretion to refrain from inappropriate observations, Justices BR Gavai and Augustine George Masih critiqued the High Court's approach in a serious reflection on judicial sensitivity.

The bench underscored that the remarks were unwarranted, even as they acknowledged the judge's discretion in granting bail based on case-specific facts. Justice Gavai emphasized the caution required in making statements that could perpetuate victim-blaming narratives within judicial pronouncements.

Solicitor General of India, Tushar Mehta, noted the critical importance of justice being not only done but also perceived as being done, reflecting public sentiments. The Supreme Court's intervention in the case followed the Allahabad High Court's recent bail order in a rape case where the victim's character was inappropriately questioned.

In an earlier instance, the Allahabad High Court had controversial rulings on the grave charges of assault under the Protection of Children from Sexual Offences (POCSO) Act. The apex court views the matter with grave concern, emphasizing its implications for judicial perceptions and victim sensitivity.

Addressing the High Court's judgment on March 17, the Supreme Court issued stays due to its perceived insensitivity, highlighting a broader need for judicial accountability. Notices have been issued to the Centre, Uttar Pradesh state, and other involved parties, with the apex court aiming for a thorough review assisted by the country's top legal officials.

(With inputs from agencies.)