In the wake of immense criticism from women activists, including CPI (M) politburo member Brinda Karat, the Supreme Court on Monday clarified its “will you marry her?” remark made during a rape case hearing last week and said it is an institution that has the “highest respect” for women.
Asserting the comments he made were completely “misreported” to imply disrespect for women, Chief Justice of India (CJI) Sharad Arvind Bobde said the apex court had always accorded the “highest respect to womanhood” and added the judiciary’s reputation was in the hands of its lawyers, the “Bar”.
Echoing similar sentiments, Solicitor General Tushar Mehta also said the Supreme Court had asked the question in a different context.
The apex court’s observation came as Brinda Karat had earlier written to the Chief Justice of India urging him to withdraw his remarks made during the hearing of a case where he asked a rape accused if he was willing to marry the victim.
Stating these questions, words and actions have serious implications in granting of bail in cases of rape of minors, the CPI (M) leader in her letter said the courts should not give an impression of supporting such “retrograde” approaches.
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Earlier on March 1, the apex court asked a government servant, accused of repeatedly raping a minor, whether he would marry the victim. This came as the apex court heard an appeal against a verdict of the Bombay High Court’s Aurangabad Bench by which an order of the Sessions Court granting the petitioner anticipatory bail was set aside.
The Chief Justice of India, who heard this matter, asked “Will you marry her?” The petitioner’s counsel replied stating “I will take instructions”.
The Chief Justice of India responded “You should have thought before seducing and raping the young girl. You knew you are a government servant.”
“We are not forcing you to marry. Let us know if you will. Otherwise, you will say we are forcing you to marry her," he added.
The petitioner’s counsel replied, “I wanted to marry her. But she refused. Now I cannot, as I am already married. The trial is going on, charges are yet to be framed.”
The apex court stayed the petitioner’s arrest and granted him interim protection for four weeks. The petitioner was, however, asked to apply for regular bail.