The Supreme Court has put on hold an Allahabad High Court ruling, strongly condemning its “insensitive and inhuman” remarks in a case of rape of a minor. Justice B.R. Gavai, on behalf of the Supreme Court bench, was angered at the attitude of the High Court towards the sensitive matter, perceiving a “complete lack of sensitivity” in the way the issue was dealt with.
The case at hand was that of the alleged sexual assault of a minor girl by two individuals. The Allahabad High Court’s contentious ruling detailed the trauma inflicted on the minor girl in elaborate detail, only to reach a conclusion that the accused did not have the intention to commit rape. This reasoning, the Supreme Court observed, lacked a disturbing lack of empathy and a faulty understanding of the victim’s ordeal.
Justice Gavai denounced some paragraphs of the High Court judgment narrating the trauma of the minor in detail. Graphic details of the trauma of the victim are not necessary and amount to additional victimization, as the Supreme Court held. The bench noted that the test of “determination to rape” cannot be tested on the sole intention of the attackers but also on the trauma of the victim and the broader impact of the incident.
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“This is not just insensitive but also goes against the very ethos of justice for sexual assault survivors,” the bench observed. The Supreme Court stressed that courts have to keep a watchful eye on the dignity and welfare of survivors, particularly children, while adjudicating their cases. The stay order suspended the acquittal of the two suspects until the case is re-heard. The apex court has also ordered a scrupulous re-evaluation of the verdict to ensure that the view of the victim is given proper consideration and justice administered as it should.
The Supreme Court ruling has been greeted as a move towards more sympathetic and responsible handling of delicate cases, particularly those concerning vulnerable children. The case will be reconsidered, and a more sympathetic handling respecting the rights and dignity of the survivor will be guaranteed.
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