Supreme Court pauses Allahabad HC's 'grabbing breasts not rape' order; calls it 'insensitivity'
PTC Web Desk: The Supreme Court on Wednesday halted a contentious ruling by the Allahabad High Court, which had stated that "grabbing breasts" and "breaking the strings of a girl's pyjamas" do not amount to rape or an attempt to rape. The apex court, which took suo moto cognizance of the judgment following public outrage, strongly criticised the ruling for its lack of sensitivity.
A Bench comprising Justices BR Gavai and Augustine George Masih expressed dismay at the verdict, pointing out that it was not delivered in haste but after four months of deliberation. "It is painful to note that the judgment reflects a complete lack of sensitivity. It was not a spur-of-the-moment decision but was delivered four months after reserving the verdict. This means there was a conscious application of mind," the Supreme Court observed.
Given the controversial nature of the judgment, the Supreme Court made an exception by granting a stay on specific observations in paragraphs 21, 24, and 26 of the High Court's ruling. "We usually refrain from granting a stay at this stage, but since these observations defy established legal principles and reflect an inhumane approach, we are compelled to intervene," the Bench noted.
The court has also sought responses from the Central Government and the Uttar Pradesh state government regarding the issue. "A notice is issued to the Union of India, the state of Uttar Pradesh, and all parties involved in the High Court case. The Attorney General and Solicitor General will assist the court in the matter," the Bench stated.
Interestingly, on March 24, another Supreme Court bench declined to entertain a PIL challenging the Allahabad High Court's ruling.
What did Allahabad High Court rule?
The Allahabad High Court's controversial decision came while hearing a plea filed by two persons, Pawan and Akash, who were summoned by a trial court in a rape case.
According to the prosecution, the accused allegedly groped the breasts of an 11-year-old girl, broke the string of her pyjamas, and attempted to drag her under a culvert.
Justice Ram Manohar Narayan Mishra ruled that merely grabbing the breasts does not constitute rape but falls under the category of assault or the use of criminal force with the intent to disrobe or force someone to be naked. The court held that the accused should be charged with assault and Sections 9/10 of the Protection of Children from Sexual Offences (POCSO) Act, which deal with aggravated sexual assault but carry lighter penalties compared to rape charges.
The ruling sparked widespread outrage, prompting the Supreme Court to step in and reassess its legal and ethical implications.
- With inputs from agencies
