Supreme Court Slams Allahabad High Court Over Insensitive Remarks in Rape and Child Trafficking Cases
On Tuesday, the Supreme Court of India strongly criticized the Allahabad High Court for making "highly inappropriate" and "unjustified" remarks in sensitive cases involving rape and child trafficking.
"Rape Survivor Invited Trouble" – SC Condemns Derogatory Remark
The apex court expressed serious concern over a controversial statement made by Justice Sanjay Kumar Singh while granting bail in a rape case involving a minor. The High Court judge had remarked that the "rape survivor had invited trouble on herself."
Justice BR Gavai of the Supreme Court warned that such sweeping, insensitive statements must be avoided, especially in cases of sexual violence and minor victims. He noted that “judges must exercise restraint” and that “verbose, unfiltered opinions do more harm than good.”
Questionable Interpretation of Attempt to Rape
In another troubling case, the Allahabad High Court ruled that holding a woman’s breast, untying her pajama string, and pulling her under a culvert did not qualify as an attempt to rape. The decision raised eyebrows nationally.
While hearing a plea to remove Section 376 IPC (Attempt to Rape) and Section 18 of the POCSO Act, the Supreme Court partially allowed the appeal but took exception to the reasoning given by the High Court. Justice Ram Manohar Narayan Mishra's judgment was criticized for lacking legal depth and human sensitivity.
Solicitor General Tushar Mehta emphasized that justice must also be seen through the eyes of the common public, urging courts to remain conscious of how such decisions are perceived by society.
SC’s Strong Stand Against Child Trafficking
In a separate but equally critical matter, the Supreme Court issued strict guidelines against child trafficking, particularly targeting hospital negligence in Uttar Pradesh.
Justices JB Pardiwala and R. Mahadevan ruled that if a newborn is abducted from a hospital, the facility's license must be suspended immediately. They also directed that all child trafficking cases in subordinate courts must be resolved within six months.
The bench demanded that all High Courts monitor pending child trafficking cases and ensure that justice is not delayed. The SC also criticized both the UP government and the Allahabad High Court for administrative and judicial lapses in handling such sensitive matters.
