Supreme Court set to issue guidelines to lower courts to prevent 'insensitive orders'

New Delhi: The Supreme Court of India has taken note of the fact that several orders passed by the High Courts in rape and sexual assault cases are "anti-women" and often controversial. The apex court is set to come out with a detailed set of guidelines for the high courts on the matter.

A single-judge bench of Chief Justice Surya Kant said that such orders and comments by the court have a "chilling effect" on sexual assault survivors. The court observed that often under such circumstances the survivors are forced to take back their complaints.

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Chief Justice Srya Kant said that the court should come up with comprehensive guidelines for the lower courts, in such cases. This he said, however is only possible if the details of all such cases are available.

The apex court said that these guildelines would help the High Courts and lower courts to take proper and right approach in dealing with sensitive cases. The observations bythe Supreme Court, came while hearing a petition on a controversial order passed by the Allahabad High Ciurt. The order however hasa now been stayed.

The Allahabad High Court had said, "grabbing a minor's breast and touching her is considered a misdemeanor" and "breaking the pyjama string is not sufficient to constitute an attempted rape."

Following the ruling, the Supreme Court took up the matter sou motu and also called for a review of all other sich controversial orders passed by other High Courts and lower courts.

Senior lawyer Shobha Gupta said that the Allahabad High Court had also remarked that "nightime was like an invitation". According to the lawyer, similar remarks were made in the Calcutta High Court and also in the Rajasthan High Court, in different cases thatcame before them.

The Supreme Court in its order said that there should be no comments or procedures in court, which intimidate survivors and force them to wothdraw cases.