In a highly significant development, the Supreme Court of India has strongly criticized the Allahabad High Court for two controversial remarks in recent cases. One of the comments, made during a bail hearing in a rape case, suggested that the rape survivor had "invited trouble" upon herself. This observation, made by Justice Sanjay Kumar Singh, has sparked outrage, with many seeing it as a deeply problematic statement that could undermine the gravity of sexual assault cases.

Criticism of Allahabad High Court's Remarks on Rape Survivor
The Supreme Court, through Justice BR Gavai, expressed disapproval of the Allahabad HC's insensitive remark. Justice Gavai called for caution when judges make such remarks, emphasizing that a rape survivor should never be blamed for the crime committed against them. The comment made by Justice Singh while granting bail to the accused was considered deeply inappropriate, as it suggested that the victim's actions had somehow contributed to the assault.

In rape cases, the emphasis should always be on ensuring that the survivor is treated with dignity and respect. The Supreme Court's intervention reiterates the need for judicial sensitivity in cases involving such serious allegations. Justice Gavai questioned why the High Court judge found it necessary to pass such a comment while granting bail, pointing out that such statements could have adverse implications on public perception and the legal process.

Allahabad HC’s Controversial View on Attempted Rape
Another significant issue raised by the Supreme Court was an observation by the Allahabad High Court regarding an alleged attempted rape case. In this case, the Allahabad HC ruled that actions such as grabbing the victim's breasts, breaking the string of her pyjama, and trying to drag her beneath a culvert did not meet the threshold for charging the accused with attempted rape under the Indian Penal Code (IPC) and the POCSO Act.

The court made a distinction between the preparation stage and the actual attempt to commit rape, which the Supreme Court found troubling. Solicitor General Tushar Mehta pointed out the public perception of such remarks, stressing that they could undermine confidence in the judicial system. The Supreme Court emphasized the importance of ensuring that justice is not only done but also seen to be done, especially in cases involving vulnerable victims such as minors.

Hospital License Suspension in Child Trafficking Cases
In a related development, the Supreme Court also issued a landmark directive regarding child trafficking cases. The court ruled that if a newborn is stolen from a hospital, the hospital's license should be immediately suspended. This decision came as the court heard a child trafficking case from Uttar Pradesh, in which a newborn had been trafficked. The court emphasized that the responsibility of preventing such crimes lies with medical institutions and called for stronger preventive measures.

The Supreme Court directed high courts across the country to ensure that child trafficking trials are completed within six months, speeding up justice in such sensitive cases. This move aims to tackle the growing issue of child trafficking and ensures that hospitals and other institutions responsible for the safety of newborns are held accountable.

Conclusion
The Supreme Court’s interventions highlight the urgent need for a more sensitive and accountable judiciary, especially in cases involving sexual assault and child trafficking. The court’s criticisms of the Allahabad High Court’s remarks underscore the importance of maintaining judicial propriety and sensitivity in cases that directly impact the lives of vulnerable individuals.

This decision is expected to have far-reaching consequences in the way courts approach cases involving sexual assault, child trafficking, and related crimes, ensuring that victims receive the justice they deserve while holding institutions accountable for lapses in their duty to protect the vulnerable.

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