‘She Invited Trouble’: Allahabad HC Blames Rape Survivor Grants Bail to Rape Accused
The Allahabad High Court has stirred widespread debate by granting bail to a man accused of raping a postgraduate student, remarking that the survivor “invited trouble” and bore partial responsibility for the incident. The decision has drawn criticism from legal experts and activists, particularly in light of recent controversial court observations on sexual assault.
Justice Sanjay Kumar Singh, while granting bail to the accused, said, “Even if the allegation of the victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same.” The judge emphasized the survivor’s maturity as a postgraduate student, suggesting she was “competent enough to understand the morality and significance of her actions.”
The incident allegedly occurred in September 2024 when the woman, a student at a Noida-based university, visited a bar in Delhi’s Hauz Khas area with friends. According to her police complaint, after drinking until 3 am, a male acquaintance — the accused — insisted she accompany him home. The survivor claimed she agreed to go with him to rest, but instead of taking her to his home, he allegedly took her to a relative’s flat in Gurugram, where he raped her.
The accused was arrested in December 2024 and has denied the rape charges. In his bail plea, he stated that the woman willingly accompanied him and that the sexual encounter was consensual.
The court, citing the medical report, noted that although the woman had a torn hymen, the examining doctor did not provide a conclusive opinion on whether rape occurred. This lack of medical confirmation appeared to weigh in favour of the accused during the bail hearing.
Legal commentators and women’s rights advocates have expressed concern over the language used by the court. “Statements that imply the survivor’s actions justify the crime not only harm the pursuit of justice but also discourage survivors from coming forward,” said advocate Ritu Menon, a legal rights activist based in Delhi.
The ruling comes shortly after another controversial order from the Allahabad High Court, where a judge ruled that certain acts such as groping, breaking a girl’s pyjama string, and attempting to drag her did not amount to rape or attempted rape. That order was stayed by the Supreme Court following public outrage and legal scrutiny.
With increasing calls for judicial sensitivity in handling sexual assault cases, this latest judgment is expected to attract further legal and societal debate.
