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A recent ruling by the Allahabad High Court has ignited widespread outrage after a judge remarked that a rape survivor “invited trouble,” while granting bail to the accused. Legal experts, women’s rights groups, and politicians have condemned the statement as regressive and insensitive.
The comments were made by Justice Sanjay Kumar Singh during a bail hearing involving a man accused of raping a postgraduate student in Delhi. In the order dated March 11, the judge stated, “Even if the allegation of the victim is accepted as true, it can also be concluded that she herself invited trouble and was also responsible for the same.”
This statement has been strongly criticized for reflecting a patriarchal mindset. Former Chief Justice of Manipur High Court, Siddharth Mridul, described the remarks as “unacceptable and completely insensitive.”
Adding to the backlash, Shiv Sena MP Priyanka Chaturvedi questioned the judicial standards of the Allahabad High Court, referencing a previous controversial verdict by Justice Ram Manohar Narayan Mishra. In that ruling, Justice Mishra opined that actions such as groping a minor and breaking the string of her pyjama did not amount to rape or attempted rape—an observation later stayed by the Supreme Court.
The Pragtisheel Mahila Sangathan, a collective of women lawyers, issued a strong statement condemning the court’s remarks. “The High Court judge not only granted bail but made completely unwarranted observations. This shows his deeply ingrained patriarchal mindset,” the group stated. They urged the Supreme Court to implement mandatory gender sensitisation training for High Court judges, placing priority on the Allahabad High Court.
Senior advocate Shobha Gupta voiced concern that such observations could reinforce dangerous stereotypes. “The message being sent is that women who step out are fair game. It disregards the legal understanding of consent and places unjust blame on the victim,” she said. Gupta also highlighted that current laws under the Bharatiya Nyaya Sanhita (BNS) and the Evidence Act establish that a woman’s intoxication invalidates consent, making any sexual act under such circumstances legally classified as rape.
Activist and lawyer Yogita Bhayana criticized the judiciary’s moral tone, noting that such remarks are reminiscent of outdated societal attitudes. “Over a decade after the Nirbhaya case, we now see the judiciary, not just politicians, making archaic statements about women,” she said. “The law is clear—consent is key, and a woman’s statement is valid proof of a crime.”
As public outrage grows, calls are mounting for judicial reform and more robust gender sensitivity training across India’s legal system.
