Holding a Girl’s Breast Is Not Attempt to Rape… Supreme Court Objects to Allahabad High Court’s Observation

New Delhi (The Uttam Hindu): The Supreme Court on Monday said that insensitive judicial remarks in cases related to sexual assault can have a serious and disturbing impact on the victim, her family, and society. The Court indicated that guidelines may be framed for High Courts and district courts to prevent such comments. The Supreme Court made these observations while taking suo motu cognizance of an Allahabad High Court ruling that stated, holding a minor girl’s breast, pulling the drawstring of her pyjamas, attempting to undress her, and trying to drag her under a culvert do not amount to rape or attempt to rape.

During the hearing before a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, several lawyers pointed out that in recent times many High Courts have made inappropriate oral and written remarks in sexual assault cases. Senior advocate Shobha Gupta referred to another recent Allahabad High Court observation where the court commented that “night-time acted as an invitation for the accused.” She also highlighted similar incidents in Calcutta and Rajasthan High Courts. Another lawyer mentioned a district court case where several people were present in a closed-door proceeding, and the victim was allegedly harassed during the hearing.

Responding to this, the Chief Justice said that if all such instances are submitted, the Court may consider issuing comprehensive guidelines. He added that insensitive observations not only harm victims and their families but also negatively influence society. Such behaviour at times creates pressure on victims to withdraw their complaints.

The Supreme Court further noted that while these issues often arise at the High Court level, similar concerns exist in district courts as well. The bench asked the lawyers to submit brief written suggestions before the next hearing.