Supreme Court Raises Concerns Over Incomplete Research in Rape Case Judgments

Supreme Court's Concerns on Judicial Research

The Supreme Court has expressed apprehension regarding the lack of thorough research before delivering judgments. It was reported that the Patna High Court had ruled that attempting to remove a woman's salwar and pressing her chest would not be classified as an attempt to rape. A bench comprising Chief Justice D.Y. Chandrachud and Justices Joymalya Bagchi and V. Mohan indicated that they would issue a comprehensive order after reviewing the recent decision from the Patna High Court. This information was presented to the Supreme Court by an attorney during a suo motu hearing concerning a ruling from the Allahabad High Court, which stated that actions such as grabbing a minor girl's breasts, untying her pajama string, and attempting to pull her under a bridge do not fall under the definition of attempted rape.

Judicial Sensitivity Guidelines Approved

During the proceedings, the bench approved a report submitted by an expert committee from the National Judicial Academy, which provided guidelines related to judicial sensitivity in sexual offense cases. The Supreme Court instructed all courts across the nation to strictly adhere to the terminology outlined in the handbook or guidelines it has approved.

Call for Comprehensive Guidelines

Earlier this year, the Supreme Court directed the National Judicial Academy to draft extensive guidelines aimed at enhancing sensitivity and empathy in cases of sexual offenses. The court emphasized that these regulations should reflect India's social fabric rather than being derived from foreign laws.