Supreme Court Slams Lawyer for ‘Consent’ Argument in Minor’s Rape Case

The Supreme Court reprimanded a lawyer for repeatedly citing “consensual relationship” in a minor’s rape case, stressing that consent is immaterial for minors. The lawyer apologized, and the court issued notices to the police. In another case, the SC advised acid attack survivors to seek compensation through state legal services authorities.

The Supreme Court on Thursday strongly criticized a lawyer for repeatedly referring to a “consensual relationship” in a bail plea for his client, who is accused of raping a minor girl. The bench, comprising Justices Surya Kant and N Kotiswar Singh, expressed shock over the repeated misuse of the term, emphasizing that consent is irrelevant in cases involving minors.

Justice Kant, visibly irked, remarked, “We got mentally sick after reading the petition. You have written 'consensual relationship' at least 20 times in the SLP (special leave petition). What is the age of the girl? You yourself state in the petition that she was a minor.”

The bench further questioned the competence of the lawyer, asking whether he was an Advocate-on-Record (AoR), as such petitions require a sound understanding of the law. “How are these people qualifying (as AoRs)? You don't know the basic law… Tomorrow you will say there was a consensual relationship with an 8-month-old child,” Justice Kant added.

Following the reprimand, the lawyer apologized to the court, and the bench proceeded to issue notices to the police and other concerned parties regarding the bail plea.

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Meanwhile, in a separate development, the Supreme Court also addressed the issue of delayed compensation for acid attack survivors. A bench led by Chief Justice Sanjiv Khanna advised victims to approach their respective state legal services authorities (SLSAs) if they faced difficulties in receiving compensation. The court assured that survivors could seek legal recourse through these bodies to expedite financial relief.

These rulings reinforce the Supreme Court’s commitment to upholding child protection laws and ensuring justice for survivors of gender-based violence.