The Supreme Court on Wednesday, March 26, halted a contentious ruling by the Allahabad High Court, which had controversially stated that actions like “grabbing breasts” and “breaking the strings of a girl’s pyjamas” do not constitute rape or an attempt to commit rape.
The Supreme Court, taking suo motu cognizance of the case, expressed concern over the judgment, which had sparked widespread outrage. The Court highlighted that the ruling displayed a severe lack of sensitivity.
The Supreme Court pointed out that the decision was not a hasty one, as it was delivered four months after the judgment was reserved, indicating a thorough application of thought.
“We are compelled to emphasize that this demonstrates a complete lack of sensitivity on the part of the judge. It was not a decision made in haste and was delivered after four months of consideration,” said the bench, which included Justices BR Gavai and Augustine George Masih.
While the apex court generally refrains from granting a stay at this stage, it decided to suspend the specific observations made in paragraphs 21, 24, and 26, which it deemed contrary to established legal principles and displaying an inhuman approach. The Supreme Court issued notices to the Union government, the Uttar Pradesh government, and the parties involved in the High Court case, asking them to respond.
Notably, another bench of the Supreme Court had declined to entertain a PIL challenging the controversial ruling on March 24.
The Allahabad High Court’s judgment was made during the hearing of a case involving two individuals, Pawan and Akash, who were accused of rape. The two were alleged to have grabbed the breasts of an 11-year-old girl, with one of them also breaking the string of her pyjama and attempting to drag her beneath a culvert.
Justice Ram Manohar Narayan Mishra ruled that mere breast grabbing did not constitute rape, but rather fell under the category of assault or the use of criminal force with the intent to disrobe or force nudity. The High Court further determined that the accused should face trial under assault charges along with sections 9/10 of the POCSO Act (aggravated sexual assault), which carry lesser penalties if convicted.
