Supreme Court Slams ‘Insensitive’ Allahabad HC Ruling That Blamed Rape Survivor For 'Inviting Trouble'

The Supreme Court on Tuesday expressed disapproval over an Allahabad High Court ruling that claimed the rape victim "herself invited trouble".

The bench, headed by Justice BR Gavai, found the remarks to be highly insensitive.

Photo Credit: PTI

In a contentious decision, the Allahabad High Court granted bail to an accused in a rape case, remarking that the complainant "herself invited trouble" by agreeing to visit the applicant's house after consuming alcohol.

This development comes just days after the Supreme Court stepped in to stay a similarly "insensitive" judgment from another High Court justice in an attempted rape case.

The High Court had further noted that the woman, a postgraduate student, "was competent enough to understand the morality and significance of her act", in an order delivered last month by Justice Sanjay Kumar Singh.

"Yes, bail can be granted... but what is this discussion that she herself invited trouble, etc? One has to be careful when saying such things, especially on this side (judges). One thing here and there," Justice BR Gavai was quoted as saying by Bar and Bench.

Solicitor General Tushar Mehta added, "Complete justice should not only be done but also seen to be done. How a common person perceives such orders will also have to be seen."

The bench has scheduled the case to be heard again in four weeks. "Let the case be listed after 4 weeks. Let service on respondents be completed," the bench directed.

Last week, a plea filed by the civil society network Just Rights for Children Alliance, alongside the survivor's mother, challenging the High Court's ruling, was brought before a bench comprising Justices BR Gavai and Augustine George Masih.

Senior advocate HS Phoolka, representing the petitioners, requested that the plea be tagged with the ongoing suo motu proceedings, due for hearing on 15 April.

Phoolka also noted, "The high court has mentioned the name of the victim's mother, who is the complainant, and there are number of orders of this court that the name should be redacted."

On 26 March, the apex court stayed another controversial High Court ruling which stated that grabbing a woman's breasts and pulling the drawstring of her pyjamas did not constitute an attempt to rape, calling the observation completely "insensitive" and reflective of an "inhuman approach".

The Supreme Court had taken suo motu cognisance of that matter after it was brought to the attention of Chief Justice of India, Sanjiv Khanna.

"This is a very serious matter," the top court had said on 26 March, while expressing strong objection to the remarks made in the High Court ruling.

"In normal circumstances, we are slow in granting stay at this stage. But since the observations appearing in paragraphs 21, 24 and 26 are totally unknown to the cannons of law and depict total insensitive and inhuman approach, we are inclined to stay the said observations," the court noted.

It added, "Until further orders, there shall be stay to the observations made by the judge in paragraphs 21, 24 and 26 of the order dated 17 March, 2025."

The apex court has also issued notices to the Centre, the Uttar Pradesh government, and all parties involved in the High Court case, seeking their responses in the suo motu matter.

The stay order means the contested observations cannot be cited in any judicial proceedings by the accused or any other parties to seek relief.

In its ruling, the High Court had held that the offence of attempted rape was not applicable in the case and the accused should only be summoned for the lesser charge of assault or use of criminal force with intent to disrobe a woman.