New Delhi, Feb 10 (PTI) The Supreme Court on Tuesday mulled over guidelines for the high courts and trial courts in making observations in sexual assault cases, and said it would consider asking the National Judicial Academy (NJA) to prepare a comprehensive report on it.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and N V Anjaria orally said that it would set aside the Allahabad High Court’s March 17, 2025 order passed in a sexual assault case.
In that order, the high court 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 infer an attempt to commit rape.
The apex court had earlier initiated a suo motu proceeding after taking cognisance of the remarks made by the high court.
Observing that insensitive judicial remarks in sexual assault cases can have a “chilling effect” on the victims, their families and society at large, the top court had in December said it may consider issuing comprehensive guidelines for the high courts and trial courts in making observations and issuing such orders in these cases.
During the hearing on Tuesday, the bench said as far as guidelines are concerned, it would ask the NJA to prepare a comprehensive report.
“We will set aside the order (of the high court). We will ask the National Judicial Academy to make a comprehensive report on the issue,” the CJI said.
One of the advocates appearing in the matter said they have filed an application raising an issue that age-appropriate language should be used by the courts in such cases.
“So far as the guidelines are concerned, we are thinking that we will ask the National Judicial Academy. Let them prepare a comprehensive report,” the bench said, adding that it has to be a pan-India exercise.
Senior advocate H S Phoolka, appearing for one of the petitioners in the matter, said cases where even the victims have not been cross-examined were pending for eight to nine years.
The bench said he may file a PIL on the issue.
“You do it for the system and the society,” the CJI said.
The bench said it would pass an order in the matter.
In March last year, the top court stayed the Allahabad High Court’s observations, saying they depicted a “totally insensitive and inhuman approach”.
The top court had taken a suo motu cognisance after the matter was brought to the notice of the then CJI by a forum, “We the Women of India”.
The main case pertains to an incident where three men allegedly stopped a woman and her 14-year-old daughter.
The accused allegedly grabbed the minor’s breasts, pulled the drawstrings of her lower garment and attempted to drag her beneath a culvert.
The high court, in its impugned order, had concluded that these facts were “not sufficient to draw an inference that the accused persons were determined to commit rape” and suggested lesser charges of assault (Section 354 IPC). PTI ABA SJK ABA KSS KSS
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