The Supreme Court has taken a very strict stand on the sensitivity of the statements of the courts regarding cases related to sexual crimes in the country. A controversial decision given by the Allahabad High Court – in which actions like grabbing the breasts, breaking the waistband of pajamas and dragging them under a culvert were declared outside the scope of ‘attempted rape’. Expressing displeasure over this, the apex court has maintained the stay on that order.
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On Monday, Chief Justice D.Y. The bench headed by Surya Kant clarified that in this case, the accused will be tried only on charges of ‘Attempt to rape’ and ‘Rape’ under IPC and POCSO sections, and not under any lighter section. The court also said that they are in favor of issuing comprehensive guidelines on this subject so that in future the courts maintain utmost sensitivity in such cases.
Supreme Court expressed strong objection to the High Court’s comment
The bench of CJI Surya Kant clearly said that some High Courts make “unfortunate” comments which not only hurt the dignity of the victim, but also affect the subsequent judicial process. The court said that we are willing to issue some broad guidelines… Many times such comments remain ignored, and at times the victims are forced to compromise.
Stay on Allahabad High Court’s decision continues
The Supreme Court has continued to stay the order in which the High Court had held that holding the breast and trying to open the string of a woman’s pajama is “serious sexual assault” but not “attempt to rape”. The top court called it a violation of judicial sensitivity and asked to continue the trial under serious sections.
There will be rules on comments – new guidelines for courts across the country
The Supreme Court said that it will soon prepare a sensitivity based framework for such cases. The court has sought from amicus curiae and senior advocate Shobha Gupta a list of examples of such controversial comments from High Courts across the country. The CJI said that ‘We have to ensure that in future no court writes such words which lighten the pain of the victim.’
What did Allahabad High Court say?
Recently, the High Court, while removing the section of IPC 376/511 (attempt to rape) imposed on the accused, had said that the accused only “broke the cord of the pajama by pressing her breasts” but “did not try to have sexual intercourse”. On this basis, the court did not consider it as ‘attempt to rape’, but termed it as a case of molestation. The Supreme Court called this argument against both justice and compassion.
Dignity of the victim is paramount: Clear warning from the Supreme Court
The top court said that in such cases, the courts should choose their words very carefully, because their one comment can change the direction of the entire case and can cause mental trauma to the victim’s families.
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