Patna High Court ruling on attempt to rape reignites debate, activists seek judges' training
The debate over how courts interpret sexual offences has intensified after the Patna High Court's observations in an attempt-to-rape case, with women's rights activists and
The debate over how courts interpret sexual offences has intensified after the Patna High Court's observations in an attempt-to-rape case, with women's rights activists and an advocate stressing that judicial reasoning must be guided by the law, constitutional values and survivors' dignity. Also Read | Explained: The laws on rape and sexual crimes The remarks came after the Patna High Court, according to media reports, held that attempting to remove a woman's salwar and pressing her breasts did not amount to an attempt to rape. The Supreme Court had slammed the High Court's observations and said it would pass a detailed order on the issue. A Bench headed by Chief Justice Surya Kant expressed serious concern over the "lack of thorough research" before such judgments were delivered. Speaking to PTI, women's rights activist Yogita Bhayana termed the Patna High Court's observation “very insensitive” and alleged that many of these judges have a patriarchal mindset and are insensitive towards women. “They [judges] are also male chauvinists. They have a very patriarchal mindset and are themselves very insensitive towards women,” she said, adding that “just because someone becomes a judge does not mean they are gender-sensitive or gender-neutral.” Bhayana said judges should undergo mandatory gender-sensitisation and legal training across all levels of the judiciary, adding that such programmes were conducted for police, schools and corporates but not for the judges. “Judges have to be taught... We have to educate those who decide the law. How can you expect justice from such people otherwise?” she said. She also expressed her concern over such observations, saying that they could deter survivors from reporting crimes and pursuing justice.
“Survivors first fight society and even their own families before they reach the police... But if judges make such absurd observations, who will have the courage to report these crimes?” she said. Referring to the SC's intervention, Ms. Bhayana said expressions of concern alone would not help and called for judges to undergo training. “Similar concerns were expressed over the Allahabad High Court's observations as well. But someone has to implement change. Send judges for training. That is what needs to be done," she said. Archana Agnihotri, founder and director of the NGO Samadhan Abhiyan, told PTI that judges dealing with sexual offence cases needed proper orientation and a sound understanding of the law, describing the Patna High Court's observations as "shocking". “The law is very clear... They don't even read the law. And despite being judges, they are making such statements. It is embarrassing,” she said, adding that judges “need proper orientation on sexual offence-related issues because they have no clue what they are talking about”. Referring to the legal interpretation of sexual offences, Ms. Agnihotri said the law was “written in black and white” and alleged that judges were failing to apply it correctly. “All judges should be tested on their knowledge of the law before they pass any judgment. That should be the rule,” she said. Agnihotri said such observations could undermine confidence in the justice system, not only among survivors but among women generally. “Tomorrow, if anything happens to me, these are the kinds of judges who will decide my case. Where will I get justice? It is demoralising for all weaker sections, not just women,” she said.
The BriefWire