Pressing a girl’s breast is molestation, not rape… SC expressed concern over High Court’s controversial comments in sexual crime cases

New Delhi: The Supreme Court on Monday said that judicial comments in cases related to sexual assault, if made insensitively, can have a chilling effect on the victim, her family and the entire society. The apex court expressed this view during the hearing of a suo motu petition against a disputed decision of the Allahabad High Court. In this decision, it was said that molestation of a minor girl and attempt to remove her clothes cannot be kept within the scope of rape or attempt to rape.

The Supreme Court also indicated to consider making clear guidelines in such cases for the High Courts and District Courts, so that the social and mental impact of such comments can be prevented in future.

Concern over High Court’s comments

During the hearing, a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said that in recent times, many High Courts have made oral and written comments in sexual offense cases which can prove harmful for the victims. Giving an example, senior advocate Shobha Gupta said that the Allahabad High Court had recently said in a case that since the incident took place at night, it was an ‘invitation’ to the accused. He also mentioned other similar cases of Calcutta and Rajasthan High Court.

Another advocate cited a case in the district court, where despite the in-camera hearing, many people were present and the victim was allegedly harassed.

bad impact on society

Chief Justice Surya Kant said that if you can present the details of all these cases, then we will consider issuing complete guidelines. Such insensitive comments can have a serious impact on the victims, their families and society. The Supreme Court also said that sometimes victims are forced to withdraw complaints, and guidelines are necessary to prevent such comments.

impact on district courts

The Supreme Court made it clear that these comments of the High Court should be kept in mind at the district court level and guidelines should be issued if necessary. The bench asked the lawyers to submit brief written suggestions before the next hearing.