“Total Lack of Sensitivity”: SC Halts Allahabad HC Verdict Saying Grabbing Breasts and Pulling Pyjama String Not Rape Attempt
A bench of Justice BR Gavai and Justice Augustine George Masih said it was “pained” by the content of the judgment, especially since it was delivered four months after the hearing was reserved.
New Delhi: The Supreme Court has stayed a controversial judgment by the Allahabad High Court in a child sexual abuse case, criticizing the ruling for showing a “total lack of sensitivity.” The High Court had observed that grabbing a child’s breasts and pulling the string of her pyjama did not amount to an attempt to rape.
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Court Terms High Court Observations “Inhuman”
A bench of Justice BR Gavai and Justice Augustine George Masih said it was “pained” by the content of the judgment, especially since it was delivered four months after the hearing was reserved. “It shows application of mind, not a decision made in haste. The observations in paragraphs 21, 24, and 26 are unknown to the cannons of law and reflect an inhuman approach,” the court said, adding that such remarks compelled it to stay those parts of the judgment.
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Matter Taken Up Suo Motu by Supreme Court
The case came to the court’s notice after a women’s rights group, We the Women of India, flagged the High Court ruling. The mother of the minor survivor also filed an appeal, which has now been clubbed with the suo motu proceedings. Solicitor General Tushar Mehta supported the stay, stating, “Some judgments contain within them the reason for being stayed.”
Details of the High Court Ruling
Justice Ram Manohar Narayan Mishra of the Allahabad High Court had passed the now-paused judgment on March 17. The case involved two men accused of offering a lift to the girl, assaulting her, and attempting to drag her under a culvert. Despite these allegations, the High Court ruled that the incident did not show enough determination to prove an attempt to rape.
Survivor’s Mother Narrates the Incident
According to the survivor’s mother, the accused tried to undress her daughter, threatened witnesses with a country-made pistol, and fled the scene. The lower court had earlier summoned the accused under IPC Section 376 (rape) and Section 18 of the POCSO Act. However, the High Court had struck down these charges, stating the prosecution had not proved the act had gone beyond mere preparation.
Legal Experts, Activists Slam Verdict
The High Court’s decision sparked widespread criticism. Legal experts and women’s rights activists questioned whether forcibly attempting to undress a child could be dismissed as anything less than a rape attempt. Senior advocate Indira Jaising was among those who demanded the Supreme Court take up the issue.
Previous SC Bench Declined Intervention
Interestingly, an earlier Supreme Court bench of Justice Bela Trivedi and Justice Prasanna B Varale had refused to entertain a petition challenging the same High Court ruling.
Supreme Court Issues Notice to Centre
Advocate Rachna Tyagi, representing the survivor’s mother, confirmed that the Supreme Court had taken the matter seriously. “The court has stayed the High Court’s observations and also issued notice to the Union of India,” she told the media.
