Supreme Court objects to Allahabad High Court observation that rape victim invited trouble
The Supreme Court of India has strongly objected to a recent observation made by a judge of the Allahabad High Court, which stated that a rape victim “invited trouble” and was responsible for the alleged assault. This remark was made while granting bail to a man accused of raping a postgraduate student. The Supreme Court bench, led by Justice B.R. Gavai, found the observation highly insensitive and cautioned judges to be careful and sensitive in their language, especially in cases involving sexual violence.
The Allahabad High Court’s order, dated March 11, 2025, had granted bail to the accused, noting that the victim, being a mature postgraduate student, was competent enough to understand the “morality and significance” of her actions. The court also mentioned that even if the victim’s allegations were accepted as true, she had “invited trouble” and was partly responsible. The victim had alleged that the accused raped her after she agreed to go with him to rest, following persistent requests, while she was intoxicated. The accused denied the rape, claiming the encounter was consensual.
The Supreme Court emphasized that while bail decisions are within judicial discretion, such remarks blaming the victim are inappropriate and can undermine public confidence in the justice system. Solicitor General Tushar Mehta highlighted that justice must not only be done but also be seen to be done, warning about the perception of such comments by the common public.
This incident follows earlier controversies involving the Allahabad High Court, including a judgment that downgraded acts like groping a minor and breaking her clothing string from attempted rape to lesser offences. The Supreme Court had stayed that judgment as well, citing insensitivity.
The Supreme Court has taken suo motu cognizance of the Allahabad High Court’s remarks and rulings in sexual violence cases, underscoring the need for judicial sensitivity and caution in language to protect the dignity of victims and maintain public trust in the legal process.
