Supreme Court stays Allahabad High Court observation on grabbing breasts is not attempt to rape

In a recent and highly controversial ruling, the Allahabad High Court sparked widespread outrage by stating that grabbing a minor girl’s breasts and breaking her pyjama strings did not constitute an attempt to rape.

The Controversy

In a recent and highly controversial ruling, the Allahabad High Court sparked widespread outrage by stating that grabbing a minor girl’s breasts and breaking her pyjama strings did not constitute an attempt to rape. This decision was met with strong criticism from legal experts and the public alike, leading the Supreme Court to intervene. The Supreme Court, in a swift move, stayed the Allahabad High Court’s order, labeling it as “insensitive” and “inhuman.” This case has brought to the forefront issues of legal interpretation, judicial sensitivity, and public perception of sexual assault.

The incident in question involved two men, Pawan and Akash, who allegedly grabbed the breasts of an 11-year-old girl, broke the strings of her pyjama, and attempted to drag her under a culvert. Initially, they were charged under Section 376 of the Indian Penal Code (IPC) for rape and relevant sections of the Protection of Children from Sexual Offences (POCSO) Act. However, the Allahabad High Court downgraded these charges, ruling that the actions did not meet the legal threshold for an attempt to rape. Instead, the court suggested that the accused should be tried under Section 354(B) of the IPC for assault or use of criminal force with intent to disrobe and Section 9 of the POCSO Act for aggravated sexual assault.

The Allahabad High Court’s reasoning was based on the argument that an attempt to commit rape requires a degree of determination that goes beyond mere preparation. The court noted that there was no evidence to suggest that the accused had attempted penetrative sexual assault or that the victim was left naked due to their actions. Despite this, the ruling was widely criticized for its perceived insensitivity and lack of understanding of the severity of sexual assault.

Supreme Court Intervention

The Supreme Court’s decision to stay the Allahabad High Court’s order came after it took suo motu cognizance of the matter. A bench comprising Justices B R Gavai and Augustine George Masih expressed strong disapproval of the high court’s judgment, stating that it depicted “total insensitivity” and an “inhuman approach.” The apex court issued notices to the Union government, the Uttar Pradesh government, and others, seeking their responses in the matter.

During the hearing, the Solicitor General, Tushar Mehta, echoed the court’s concerns, emphasizing the need for the Chief Justice of the Allahabad High Court to take action against the judge responsible for the controversial ruling. The Supreme Court directed that the order be communicated to the registrar general of the Allahabad High Court, requesting the Chief Justice to examine the matter and take appropriate action.

The Rights for Children Alliance, which had filed a special leave petition challenging the high court ruling, was made a party to the proceedings. Additionally, the court allowed the mother of the minor victim to move an impleadment application in the matter. This move indicates the seriousness with which the Supreme Court is treating the case and its commitment to ensuring that justice is served.

Legal and Social Implications

The controversy surrounding the Allahabad High Court’s ruling highlights broader issues within the legal system and societal attitudes towards sexual assault. The decision sparked nationwide outrage, with many criticizing the court for its perceived leniency and lack of understanding of the trauma experienced by victims of sexual assault.

The legal community and human rights organizations have emphasized the need for a more nuanced understanding of what constitutes an attempt to rape. They argue that such actions should be recognized as serious offenses that can cause significant psychological and physical harm to victims. The Supreme Court’s intervention is seen as a step towards rectifying the situation and ensuring that the legal system provides adequate protection and justice to victims of sexual assault.

As the case moves forward, all eyes are on the Chief Justice of the Allahabad High Court to see what corrective measures will be taken against the judge responsible for the controversial ruling. The Supreme Court’s decision to stay the order and seek responses from various parties indicates a commitment to addressing the legal and societal implications of the case.