The Supreme Court on Tuesday slammed an observation made by the Allahabad High Court, which stated that a rape survivor had “herself invited trouble.” A bench led by Justice BR Gavai expressed serious concern over the insensitive language used in the bail order for the accused.

The Allahabad High Court, in its ruling last month, granted bail to a man accused of rape, stating that the woman, an MA student, was "competent enough to understand the morality and significance of her act" when she agreed to visit the accused’s house after consuming alcohol. The court’s order, delivered by Justice Sanjay Kumar Singh, sparked outrage.

The Supreme Court also took note of the language used in the high court’s judgment and warned against making such comments, especially in cases of sexual assault.

 “Yes, bail can be granted... but what is this discussion that she herself invited trouble, etc? One has to be careful when saying such things, especially on this side [judges]. One thing here and there,” Justice Gavai was quoted.

Solicitor General Tushar Mehta also raised concerns, highlighting the broader impact of judicial observations. “Complete justice should not only be done but also seen to be done. How a common person perceives such orders will also have to be seen,” he said.

The top court then issued notices to the Centre, the Uttar Pradesh government, and other parties involved, seeking their responses. The matter will be heard again in four weeks.

"Let the case be listed after 4 weeks. Let service on respondents be completed," the bench directed.

The case reached the top court after a plea was filed by the civil society network Just Rights for Children Alliance and the survivor’s mother, challenging the high court’s bail order. Senior advocate HS Phoolka, representing the petitioners, also pointed out that the high court had disclosed the name of the survivor’s mother and the complainant, despite several Supreme Court guidelines mandating confidentiality.

This incident comes just days after another controversial observation by the same high court was stayed by the Supreme Court. On March 26, the top court halted an order which had ruled that grabbing a woman’s breasts and pulling the drawstring of her “pyjama” did not amount to attempted rape. The apex court described the judgment as "totally insensitive" and reflecting an “inhuman approach.”

 “In normal circumstances, we are slow in granting stay at this stage. But since the observations appearing in paragraphs 21, 24 and 26 are totally unknown to the cannons of law and depict a total insensitive and inhuman approach, we are inclined to stay the said observations,” the court had stated on March 26.

It added that until further notice, the high court’s observations in those specific paragraphs would remain stayed and could not be used in any judicial proceeding by the accused or others seeking similar relief.