Supreme Court questions HC's bail order saying rape survivor 'invited trouble'

The Supreme Court has sharply criticised the Allahabad High Court for its “insensitive and objectionable” remarks in a rape case, where bail was granted to an accused based on the reasoning that the woman “herself invited trouble”. The top court said such comments could set dangerous precedents and affect the dignity of survivors.

A bench of Justices BR Gavai and AG Masih made the observation during the hearing of a suo moto case concerning another controversial High Court order from March 17, where the court had said that "mere grabbing of breasts" and "breaking the strings of a girl’s pyjama" did not amount to rape. That ruling too had caused national outrage and was subsequently stayed by the Supreme Court.

“What is this discussion that she invited trouble? Judges must be extremely cautious in sensitive matters like these,” the bench remarked, adding that while granting bail is a legal right, passing judgmental or moral commentary on survivors is unwarranted and unacceptable.

The court noted that such remarks risk reinforcing harmful stereotypes and diminishing the legal gravity of sexual assault cases. Justice Gavai stated, “What message does this send? We will examine this along with other similar cases.”

In the March 17 case, the Allahabad High Court had dismissed rape charges against two men accused of assaulting an 11-year-old girl, arguing their actions didn't amount to rape or attempt to rape. The court concluded that the incident merely qualified as “sexual assault” under the POCSO Act, which carries a lighter sentence.

Another case that triggered the Supreme Court’s concern was a Delhi rape case where the Allahabad HC, while granting bail, said the postgraduate survivor was mature enough to “understand the morality of her actions” and blamed her for the incident. The top court has now clubbed this order with the suo moto case and will hear it after four weeks.