Supreme Court Plans Guidelines To Stop Insensitive Orders, Comments On Rape Cases

The Supreme Court today expressed concern over controversial and "anti-women orders" passed by courts across the country in rape and sexual assault cases. To check this issue, a detailed set of guidelines may be issued for high courts after gathering more information, it said.

A bench of Chief Justice Surya Kant said such orders and comments from the courts have a "chilling effect" on sexual assault survivors, to the extent that they may come under pressure to withdraw cases.

Chief Justice Kant said the Supreme Court can come up with comprehensive guidelines if the details of all such cases are available.

These guidelines can help the lower court and the high courts in taking a proper approach while dealing with rape and sexual assault cases, the Supreme Court said.

The Supreme Court's observations came during a hearing on a controversial order given by the Allahabad High Court, which has since been stayed. The high court had said "grabbing a minor's breast and touching her is considered a misdemeanor" and "breaking the pyjama string is not sufficient to constitute an attempted rape."

The Supreme Court took up the high court order matter suo moto, and sought records of other similarly controversial orders including orders passed by high courts across India.

During the hearing, senior lawyer Shobha Gupta said the Allahabad High Court had also remarked that "nighttime was like an invitation". She alleged similar comments have been made in the Calcutta High Court and the Rajasthan High Court.

Another lawyer told the Supreme Court that a girl was recently 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 said.

The Supreme Court said there should be no comments or procedures that intimidate survivors or compel them to withdraw complaints.