Supreme Court to Create Guidelines Preventing Insensitive Judicial Orders in Sexual Assault Cases

The Supreme Court has initiated action on the high court order through suo moto proceedings.

New Delhi:

The Supreme Court expressed significant concern today regarding controversial and "anti-women orders" issued by courts throughout India in cases involving rape and sexual assault. To address this troubling issue, the Court suggested that comprehensive guidelines may be formulated for high courts after collecting additional information.

Chief Justice Surya Kant, leading the bench, emphasized that such orders and judicial comments create a "chilling effect" on survivors of sexual assault, potentially pressuring them to withdraw their cases.

The Chief Justice stated that with access to details from all relevant cases, the Supreme Court could develop comprehensive guidelines to assist lower courts and high courts in adopting appropriate approaches when handling rape and sexual assault cases.

These observations emerged during a hearing concerning a controversial order from the Allahabad High Court, which has been stayed. The high court had previously stated that "grabbing a minor's breast and touching her is considered a misdemeanor" and that "breaking the pyjama string is not sufficient to constitute an attempted rape."

The Supreme Court independently took up this matter and requested records of similarly controversial orders issued by high courts across the country.

During proceedings, senior advocate Shobha Gupta highlighted that the Allahabad High Court had also remarked that "nighttime was like an invitation." She further pointed out that comparable comments had been made in both the Calcutta High Court and the Rajasthan High Court.

Another legal representative informed the Supreme Court about a recent incident where a girl was harassed during in-camera proceedings in a sessions court.

"If you bring all such examples before us, we can issue comprehensive guidelines," Chief Justice Kant responded.

The Supreme Court emphasized that there should be no comments or procedures that intimidate survivors or pressure them to withdraw their complaints.