- By Shubham Bajpai
- Mon, 08 Dec 2025 05:56 PM (IST)
- Source:JND
The Supreme Court on Monday took a strong objection to the controversial and anti-women rulings issued by several high courts and lower courts in rape cases. The court stated that such comments intimidate victims and often pressure them to withdraw their complaints.
The Supreme Court is now preparing to develop clear and comprehensive guidelines for high courts across the country. The apex court said that courts must exercise extreme caution in sensitive cases like rape and sexual offenses.
A bench headed by Chief Justice Surya Kant said that if a record of all such controversial judgments and observations were provided, the Supreme Court could formulate comprehensive guidance to guide lower courts and high courts in adopting the correct approach.
The observation made by the bench, headed by CJI Surya Kant, came while it was hearing on a controversial order of the Allahabad High Court, where it ruled that grabbing a minor's breast and touching her is considered a "misdemeanor." The Allahabad HC had added, "breaking the pyjama string is not sufficient to constitute an attempted rape."
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The matter was taken up by the top court suo motu and has asked for the records of similar controversial orders including orders passed by high courts across India. The top court had upheld the stay on the controversial order.
During the hearing, senior lawyer Shobha Gupta informed the top court that the Allahabad High Court had commented in another case that nighttime was like an invitation.
She added that similar comments had been made by the Kolkata High Court and the Rajasthan High Court. Another lawyer informed the court that a girl was recently harassed during an in-camera hearing in a sessions court.
What did CJI say?
CJI Surya Kant stated that there should be no procedures or comments that could intimidate victims or push them to withdraw their complaints. "If you bring all such examples before us, we can issue comprehensive guidelines," Chief Justice Kant said.