All posts tagged: victim dignity Article 21

‘Wholly unbecoming’: Allahabad HC takes serious note of advocate attacking rape victim’s character in court | Legal News

‘Wholly unbecoming’: Allahabad HC takes serious note of advocate attacking rape victim’s character in court | Legal News

Dismissing an appeal challenging a chargesheet in a rape case and a local court’s cognisance of it, the Allahabad High Court last week took serious note of the appellant’s counsel using foul language and attacking the character of the victim during his submission, saying that “such allegations…constitute an abuse of the process of law”. Expressing concern over the counsel’s conduct, a bench of Justice Anil Kumar-X observed in the judgment dated January 29, “It is not expected from a member of the Bar to place reliance on such material. Such averments are contrary to settled law . Any attempt to portray a woman as being of ‘easy virtue’ or to cast aspersions on her moral character is wholly irrelevant and is expressly barred under Section 53A and the proviso to Section 146 of the Indian Evidence Act, 1872.” Saying that such allegations amounted to character assassination, the bench said, “Such allegations violate the woman’s right to dignity and privacy under Article 21 of the Constitution of India, and constitute an abuse of the process of …