Priyanka Tiwari
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On Tuesday, the Supreme Court came down heavily on the Allahabad High Court for a judgment comment regarding a rape survivor which stated that the "rape survivor had invited trouble” on herself. This remark was also made by Justice Sanjay Kumar Singh while giving bail to an accused in a rape case with a minor.
Worrying about such sweeping statements, Justice BR Gavai of the Supreme Court highlighted that judges need to be careful not to speak too much and offer comments in especially sensitive cases that do not need them.
“They are called over a simple matter, and you find them unobliged to the need for any restraint,” was his explanation of quoted by Bar and Bench under the limitless verbose style.
Broadly Speaking the Judgement Also Edited For The Attempt To Rape Suggestion
In a separate case, the Supreme Court took issue with the Allahabad High Court without decorum on their interpretation for completely different case of a rape attempt. The court had decided that holding the victim's breast, untying the string of her pajama, and trying to pull her under a culvert does not qualify as attempt of rape or raping.
While partially granting the hearing to two accused who wanted the charges of section 376 ipc attempt to rape and section 18 of the POCSO act removed based on arguing inadequately set logic, Justice Ram Manohar Narayan Mishra remarked this while pointedly allowing. Between a actual attempt to commit the crime.
The delivery of justice should be viewed from the lens of the public and must be performed in a manner that will be accepted as justice by Sot. General Tushar Mehta. He remarked, “Equally important is the perception of the common man on such orders and that too will need to be considered.” Crow SC Issues Directions on Child Trafficking and Hospital Accountability
Dealing with a serious issue in front of SC, child trafficking received equal attention as the court gave a strong reprimand. While deciding on the anticipatory bail applications in a child trafficking matter from Uttar Pradesh, the court set out detal guidelines for other states.
In the opinion of Justices JB Pardiwala and R. Mahadevan, “Hospitals should on no account hold a license if a newborn is abducted from the premises.” The court went on to say that “If any lady comes to deliver a child to the hospital and the baby is stolen, the first step is suspension of license.”
They also commanded that all the High Courts see to it that the child trafficking cases pending before the subordinate courts are completed within six months.
The Supreme Court equally expressed its displeasure against the UP government and the Allahabad High Court’s in governmental excesses related to the jurisdictional executive’s collective child trafficking cases.
