The Karnataka High Court has invoked a verse from the Manusmriti about the need to respect women as it denied bail to a man accused in a rape case.
In a recent order, the court also quoted a remark by Mahatma Gandhi to underscore the need to safeguard women’s dignity.
The case pertains to the alleged rape of a 19-year-old Dalit woman in Bengaluru. The victim hails from Bihar, and her parents are employed at a cardamom estate in Kerala.
The incident took place on April 2 when the woman, along with her cousin, arrived in the Karnataka capital from Kerala around 1.30 am.
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They were heading to Mahadevapura when two men intercepted them. While one of the accused restrained the cousin, his accomplice dragged the woman to a nearby spot and raped her.
Both men were arrested and were charged under various provisions of the Bharatiya Nyaya Sanhita, including sections on rape, wrongful restraint, intimidation, and common intention, along with charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
One of the accused moved the high court for bail, contending that he had no direct role in the sexual assault. The prosecution, however, maintained that he actively enabled the crime by threatening the cousin and preventing him from saving the woman.
After hearing both sides, the court refused to grant bail to the accused, highlighting the gravity of the incident and the trauma endured by the survivor.
"The act committed by the accused, along with another, will remain as a scar in her life. It would be very difficult for her to overcome the agony she has undergone," Justice S. Rachaiah noted.
The judge then quoted the Manusmriti verse: "Yatra naryastu pujyante ramante tatra devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah" [where women are respected, divinity thrives, but where they are dishonoured, all deeds lose value].
The court also quoted Mahatma Gandhi’s quote that "The day a woman can walk freely on the road at night, that day we can say that India has achieved independence."
