Supreme Court slams Allahabad HC over 'victim invited trouble' remark in rape case bail order

In a sharp rebuke that underscores the importance of judicial sensitivity in sexual assault cases, the Supreme Court on April 15 took strong exception to the Allahabad High Court's controversial observation that a rape victim had "invited trouble" and was “also responsible” for what happened to her.

The remarks, made by the High Court on March 11 while granting bail to the accused in a 2024 rape case, were called out by a bench of Justices B R Gavai and A G Masih, who cautioned that judges must exercise care and restraint in such matters.

“Yes, bail can be granted. But what is this discussion that ‘she herself invited trouble’? One has to be careful when saying such things, especially on this side,” Justice Gavai remarked during the proceedings.

Notably, the Supreme Court is already aware of a related matter in which it has taken suo motu cognizance of another controversial March 17 order by the Allahabad High Court. That earlier order had ruled that grabbing a woman’s breasts and breaking the drawstrings of her pyjama were not sufficient grounds to support charges of rape or attempt to rape.

On March 26, in response to that order, the apex court had issued a stinging critique, calling the remarks “insensitive” and “inhuman.” It stayed the observations made in paragraphs 21, 24, and 26 of the March 17 order, stating they were “totally unknown to the canons of law.”

Solicitor General Tushar Mehta, assisting the court, supported the need for judicial prudence. “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,” he said.

The March 11 bail order pertains to an incident that allegedly occurred on September 21, 2024. According to police, the woman—a postgraduate student from Noida—met the accused, an acquaintance of a friend, during a music performance in South Delhi. He offered to drop her home but instead took her to an apartment in Gurgaon, where he allegedly raped her. A police complaint was filed the next day.

While granting bail, the High Court acknowledged that both the accused and the victim were adults and stated, “The victim is a student of MA, hence, she was competent enough to understand the morality and significance of her act... even if the allegation of the victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same.”

The Supreme Court has now deferred the hearing in the suo motu case related to the March 17 order by four weeks, but April 15 remarks make it clear: judicial accountability in cases involving gender-based violence is being closely scrutinized at the highest level.