On Tuesday, the Supreme Indian Court strongly criticized the command of the High Court in Allahabad, which granted a bail to a person accused of rape of a postgraduate student, while controversially indicated that the estate “invited difficulties” and “responsible” for alleged attacks.
Allahabad HC says that survivor rape “responsible” for attack
The estate of Allahabad claimed that the accused she had met in the bar had twice raped her in the apartment of her relative after she agreed to go there to rest, was strongly intoxicated and needed support.
Despite these accusations, the only bench of the High Court in Allahabad granted the accused bail and noted: “This court is of the opinion that even though the accusation of the victim is admitted as true, it can also be concluded that she invited problems herself and was responsible for it.”
Allahabad HC further noted that surviving rape, student, was sufficiently competent to understand “morality and importance of her actions”, as stated in the FIR.
The notes of the Allahabad High Court have caused extensive outrage and concerns about judicial sensitivity in cases of sexual violence.
During the hearing of the Supreme Court, Judge Br Gavai expressed a deep restless uncertainty over the language used by the High Court in Allahabad and said, “The bail is one thing, but why does the court have to make such a comment?”
The judge of the Supreme Court emphasized the critical need for judges to pay caution and sensitivity in their words and access, especially in matters of sexual assault.
Attorney General Tushar Mehta repeated these sentiments and urged that “justice should not only be performed, but must also be considered.” He emphasized the importance of considering how such judicial observations could be perceived by the common public, which may not be familiar with legal nuances, and warned that notes on accusing victims could disrupt the public’s confidence in the court system.
Grooping breasts of minors no rape: Note Allahabad HC Sparks Ire
The Supreme Court intervention comes in the middle of an increased control of court attitudes to cases of sexual violence after another controversial decision of the High Court in Allahabad.
In such a case, Judge Ram Manohar Narayan Misra decided that action, such as the grab of the breast of a smaller girl, broke her pajamas and attempted to drag her under the pass did not represent the crime of attempting to rape. The Supreme Court postponed the hearing in this case due to incomplete service.
This article will be updated because the Supreme Court will continue to hear this case.
(Tagstotranslate) High Court of Allahabad
