The Allahabad High Court granted bail to a man accused of rape, citing inconsistencies in the victim’s claims and questioning her narrative. The court emphasized that while a victim’s testimony holds importance in rape cases, it cannot always be presumed entirely truthful, especially in cases involving prolonged consensual relationships.
The Delhi High Court emphasized the legal obligation for public and private hospitals to provide free, comprehensive medical care to sexual assault survivors, including emergency treatment, diagnostics, and psychological counseling. The court established strict directives to ensure immediate access to care, warning of legal consequences for non-compliance.
A PIL was filed in the Delhi High Court today challenging the exclusion of non-consensual sodomy or other ‘unnatural’ sexual relations under the Bharatiya Nyaya Sanhita (BNS). The Court agreed to hear the matter. Critics are concerned about the lack of legal recourse for non-consensual acts, especially for men and transgender individuals. Several legal developments have influenced the perspective on sexual acts, including the Rights of Transgender Persons Act of 2019 and the Protection of Children from Sexual Offences (POCSO) Act of 2012. The omission of Section 377 from the BNS leaves men and transgender individuals without legal recourse for non-consensual sexual acts and fails to address sexual acts involving animals.
The Supreme Court of India reiterated its prohibition of the ‘two-finger test’ in rape cases, emphasizing its unscientific nature and violation of women’s dignity. Despite legal bans and guidelines, the test persists, highlighting the need for greater enforcement and survivor-centered care. The court instructed states to ensure comprehensive prohibition of this practice.
The Delhi High Court stressed the urgency of expediting legal processes for rape victims, citing detrimental effects on their well-being and the fair administration of justice. They emphasized the need to balance the rights of the victims and the accused, imposing costs as a deterrent against delays for prompt and impartial justice.
