Didn't ask accused to go and marry her: Supreme Court says proceedings completely misreported

CJI S A Bobde said that the Supreme Court had the highest respect for women and womanhood

The Supreme Court on Monday said the court always had the highest respect for womanhood while asserting that news reports and activists quoted out of context a query posed by court to an accused of rape to marry the victim.

A bench, presided over by Chief Justice S A Bobde and also comprising Justices A S Bopanna and V Ramasubramanian, said the court had on March 2 asked the man, in the context of the case, whether he would marry the complainant, and had not asked him to “go and marry her”.

The bench said the court proceedings in the matter was completely misreported.

Also Read | Karat writes to CJI urging him to withdraw remarks made during hearing of bail plea of rape accused

The top court's clarification came when the world is celebrating International Women's Day, as the CJI's queries to a rape accused if he would marry the complainant had drawn sharp reactions from feminists and others with some demanding him to step down and retract his order.

CPI(M) Politburo member Brinda Karat wrote to Justice Bobde asking him to withdraw his remarks, saying that courts should not give an impression of supporting such "retrograde" approaches.

On Monday, the bench sought to stand clear of the issue during the hearing of a plea filed by a 14-year-old rape victim, who has moved the top court through advocate V K Biju, for permission to terminate her 26-week pregnancy.

Also Read | Will you marry the girl? Supreme Court asks rape accused

On March 2, during the hearing on anticipatory bail of the 23-year-old man accused of repeatedly raping a minor girl, the bench had asked the accused, “Will you marry her?”

An FIR was lodged by the girl against the accused after he reneged on his promise to marry her.

During the hearing on Monday, advocate Biju said that he was completely against the reports which tarnished the image of the court.

The bench said the court has given the largest respect to women and even in the hearing never gave a suggestion to the accused to marry the victim. "Our reputation is in hands of the Bar," the bench said.

The court also said its observations in another rape case lodged after live-in relationship turned sour was misinterpreted.

Solicitor General Tushar Mehta submitted that according to Section 165 of Evidence Act the court is mandated to ask any question to discover facts or for any purpose.

Mehta said statements were twisted out of context and a section of society wrongly started targeting the court and the judges. The Chief Justice said, “We have the highest regard for womanhood”.

The top court would hear the plea on termination of pregnancy on Friday.