SC mulls guidelines to curb insensitive judicial remarks in sexual assault cases

WARNS OF 'CHILLING EFFECT' ON SURVIVORS

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The Supreme Court on Monday signalled that it may frame comprehensive guidelines for high courts and trial courts on observations made during sexual assault proceedings, warning that careless judicial comments can create a "chilling effect" on survivors, their families and society.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi made the remarks while hearing suo motu proceedings triggered by concerns over "insensitive" observations in a March 17 order of the Allahabad High Court. During the hearing, several lawyers informed the bench that similar comments have been surfacing across courts.

Senior advocate Shobha Gupta, appearing for an intervenor, cited a recent instance in which the Allahabad High Court remarked that the fact that an incident occurred at night amounted to an "invitation" to the accused. She also referred to cases from the Calcutta and Rajasthan high courts. Another lawyer reported a fresh incident earlier on Monday in a trial court, where several people were allegedly present during an in camera hearing and the survivor was harassed despite confidentiality requirements.