Insensitive judicial remarks in sexual abuse cases can have chilling effect: SC

Noting that insensitive judicial remarks in sexual assault cases can have a "chilling effect" on victims, their families and the society at large, the Supreme Court on Monday said it might consider issuing comprehensive guidelines for courts below with regard to making remarks in such cases.

“We can consider issuing a set of comprehensive guidelines. Any observations of this nature can have a chilling effect on victims, their families and the society at large…. Also, at times, such modalities are also adopted to make them withdraw the complaints," said a Bench of CJI Surya Kant and Justice Joymalya Bagchi while hearing a suo motu PIL registered after the top court took cognisance of certain "insensitive" remarks made in the March 17 order of the Allahabad High Court in an attempt to rape case.

The Allahabad High Court had held that "mere" grabbing the breasts of a minor girl, breaking the string of her pyjama and attempting to pull down her lower garment were insufficient to constitute an attempt to commit rape. The CJI’s comments came after senior advocate Shobha Gupta and some other lawyers pointed out that that several high courts have in the recent past made similar oral and written observations in sexual assault cases.

The CJI asked lawyers to submit brief written suggestions before the next date of hearing. The Bench said it would set aside the Allahabad High Court order and let the trial continue in the case. It was pointed out that the high court has set aside the trial court order framing of charges under harsher provision of rape under the IPC and rather ordered framing of charges for lesser offence under Section 354B of the IPC which pertains to the offence of assaulting or using criminal force on a woman with the intent to disrobe her or compel her to be naked. Section 354B is punishable with imprisonment for a period of three to seven years and a fine.