SC agrees to examine if woman can be charged with rape
New Delhi (PTI): Women are usually the victims of rape but can a woman be booked in a rape case?
The Supreme Court has agreed to examine this question after a woman petitioned it for anticipatory bail in a rape case also involving her son.
The apex court has asked the Punjab government to respond to the plea filed by a 61-year-old woman who has been implicated in the case filed by her daughter-in-law.
While agreeing to examine the issue, a bench of Justices Hrishikesh Roy and Sanjay Karol granted the woman protection from arrest and directed her to cooperate with the investigation.
"Issue notice, returnable in four weeks. In the meantime, the petitioner is protected from arrest. But she is expected to cooperate with the investigation of the crime," the bench said.
At the outset, advocate Rishi Malhotra, who appeared for the woman, argued that all other penal sections in the FIR are bailable barring the charge under Section 376(2)(n) IPC (repeated rape). Conviction under the section entails imprisonment of not less than 10 years and may extend to sentence for life.
Referring to an apex court judgement, Malhotra submitted a woman cannot be charged with rape.
According to the case, the complainant was initially in a long-distance relationship with the US-based elder son of the woman, a widow, but they had never met in person.
The FIR states that the complainant started living with the widow after entering into wedlock with her son at a virtual marriage ceremony.
Later, the younger son of the widow visited them from Portugal. The widow has claimed that after the arrival of her younger son the complainant and her family pressured her to end the informal marriage with her elder son. When the younger son was about to leave for Portugal, the complainant insisted that he take her along but he left alone.
As tension mounted between the two families, a compromise was arrived at and the widow gave the complainant Rs 11 lakh for ending the marriage with her elder son.
The complainant then approached the local police and lodged an FIR against the widow and her younger son, accusing them of rape and other charges.
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Deep societal faultlines persist despite 75 years of independence: Justice Ujjal Bhuyan
Judge cites denial of home to Muslim girl, opposition to Dalit women cooking mid-day meals
Hyderabad, February 23, 2026: Supreme Court judge Justice Ujjal Bhuyan has said that despite repeated affirmations of constitutional morality by courts, deep societal faultlines rooted in caste and religious discrimination continue to shape everyday realities in India.
Speaking at a seminar on “Constitutional Morality and the Role of District Judiciary” organised by the Telangana Judges Association and the Telangana State Judicial Academy in Hyderabad, Justice Bhuyan reflected on the gap between constitutional ideals and social practices.
He cited a recent instance involving his daughter’s friend, a PhD scholar at a private university in Noida, who was denied accommodation in South Delhi after her surname revealed her Muslim identity. According to Justice Bhuyan, the landlady bluntly informed her that no accommodation was available once her religious background became known.
In another example from Odisha, he referred to resistance by some parents to the government’s mid-day meal programme because the food was prepared by Dalit women employed as cooks. He noted that some parents had objected aggressively and refused to allow their children to consume meals cooked by members of the Scheduled Caste community.
Describing these incidents as “the tip of the iceberg,” Justice Bhuyan said they reveal how far society remains from the benchmark of constitutional morality even 75 years into the Republic. He observed that while the Constitution lays down standards of equality and dignity, the morality practised within homes and communities often diverges sharply from those values.
He emphasised that constitutional morality requires governance through the rule of law rather than the rule of popular opinion. Referring to the evolution of the doctrine through judicial decisions, he cited Naz Foundation v Union of India, in which the Delhi High Court read down Section 377 of the Indian Penal Code, holding that popular morality cannot restrict fundamental rights under Article 21. Though the judgment was later overturned in Suresh Kumar Koushal v Naz Foundation, the Supreme Court ultimately restored and expanded the principle in Navtej Singh Johar v Union of India, affirming that constitutional morality must prevail over majoritarian views.
“In our constitutional scheme, it is the constitutionality of the issue before the court that is relevant, not the dominant or popular view,” he said.
Justice Bhuyan also addressed the functioning of the district judiciary, underlining that trial courts are the first point of contact for most litigants and form the foundation of the justice delivery system. He stressed that due importance must be given to the recording of evidence and adjudication of bail matters.
Highlighting the role of High Courts, he said their supervisory jurisdiction under Article 227 of the Constitution is intended as a shield to correct grave jurisdictional errors, not as a mechanism to substitute the discretion or factual appreciation of trial judges.
He recalled that several distinguished judges, including Justice H R Khanna, Justice A M Ahmadi, and Justice Fathima Beevi, began their careers in the district judiciary.
On representation within the judicial system, Justice Bhuyan noted that Telangana has made significant strides in gender inclusion. Out of a sanctioned strength of 655 judicial officers in the Telangana Judicial Service, 478 are currently serving, of whom 283 are women, exceeding 50 per cent representation. He added that members of Scheduled Castes, Scheduled Tribes, minority communities, and persons with disabilities are also represented in the state’s judiciary.
He observed that greater representation of women, marginalised communities, persons with disabilities, and sexual minorities would help make the judiciary more inclusive and reflective of India’s diversity. “The judiciary must represent all the colours of the rainbow and become a rainbow institution,” he said.
Justice Bhuyan also referred to the recent restoration by the Supreme Court of the requirement of a minimum three years of practice at the Bar for entry-level judicial posts. While acknowledging that the requirement ensures practical exposure, he cautioned that its impact on women aspirants, especially those from rural or small-town backgrounds facing social and financial constraints, would need to be carefully observed over time.
Concluding his address, he reiterated that the justice system must strive to bridge the gap between constitutional ideals and lived realities, ensuring that the rule of law remains paramount.
