The Allahabad High Court has been criticized once more, following a series of inflammatory comments and judgments that have raised serious doubts about the treatment of survivors and the judicial process. The most recent criticism comes following a recent case where the Supreme Court had condemned the High Court for minimizing a sexual assault case, suggesting that inappropriate physical contact was not an attempt at rape.
In a new hearing, the Supreme Court reprimanded the High Court for two particularly disturbing comments. One comment shamed a rape survivor by implying that she “invited trouble,” and the other reflected a “callous attitude” towards bail applications in a child trafficking case.
Justice BR Gavai, while hearing the case, referred to the disturbing remark that a rape victim had somehow instigated her ordeal. He emphasized the need for judges to be cautious with words, especially while granting bail to accused individuals of heinous crimes. “Bail can be granted. but why make such remarks? Judges have to be more careful,” he said.
In another case of child trafficking, the Supreme Court seriously criticized the High Court for granting bail to all the accused, and described the way of disposal of these petitions as “callous.” The Supreme Court stated that the careless attitude in disposing of these petitions ensures that many accused individuals escape justice, which poses a serious threat to society.
The court was appalled by the Uttar Pradesh administration’s reaction to the case, asking why the latter failed to appeal against the bail grants or attach conditions to put the accused under close monitoring. “The State has, unfortunately, displayed no seriousness worth the name,” the court added, emphasizing the imperative necessity for a more sensitive and prudent judicial approach in such grave cases.
