'Judges should be careful': Supreme Court slams Allahabad HC's 'girl invited trouble' remarks

Supreme Court has strongly criticized the Allahabad High Court for its “objectionable” remarks in a rape case, questioning why the survivor was suggested to have "invited trouble."

The Supreme Court on Tuesday strongly criticized the Allahabad High Court for its 'objectionable' remarks in a rape case, questioning why the survivor was suggested to have "invited trouble." 

Taking suo motu cognizance of Allahabad High Court's judgment that "mere grabbing of the breast" of a minor does not amount to rape, the top court said such observations not only reflect outdated mindsets but risk undermining the dignity of survivors. 

The bench emphasized the need for sensitivity and responsibility in judicial language, particularly in cases of sexual violence.

Supreme Court March  26 stayed the Allahabad High Court’s controversial order, which held that grabbing the breasts of a minor girl, breaking the string of her pyjama, and trying to drag her beneath a culvert would not constitute an attempt to rape.

The High Court had instead ruled that the actions prima facie amounted to aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, which carries a lesser punishment. The decision sparked public outrage, prompting the Supreme Court to take suo motu cognisance of the matter.

The Supreme Court further noted that the judgment was not delivered in haste but was issued nearly four months after being reserved, implying that it was made after deliberate consideration. Given the severity of the issue, the bench said it had no choice but to stay the ruling.