The Supreme Court has stayed a controversial judgment by the Allahabad High Court that ruled grabbing a minor girl’s breasts does not constitute rape. Taking suo moto cognisance of the issue, the apex court criticized the judgment for lacking sensitivity and displaying an inhuman approach.
A bench comprising Justices BR Gavai and Augustine George Masih strongly condemned the ruling, stating, “We are at pains to state that it shows a total lack of sensitivity on the part of the author of the judgment. It was not even at the spur of the moment and was delivered four months after reserving the same. Thus, there was an application of mind.”
The Supreme Court also noted that it usually refrains from granting stays at this stage but made an exception due to the gravity of the case. “Since the observations in paragraphs 21, 24, and 26 are unknown to the cannons of law and show an inhuman approach, we stay the observations,” the court said.
The bench issued notices to the Union government, the Uttar Pradesh government, and the parties involved in the case, seeking their responses. “We issue notice to the Union, the State of Uttar Pradesh, and parties before the High Court. The learned Attorney General and Solicitor General shall assist the court,” it added.
What the Allahabad High Court Ruled
The Allahabad High Court’s ruling came while hearing a plea by two accused, Pawan and Akash, who were summoned by a trial court on rape charges. According to the prosecution, the two men allegedly grabbed the breasts of an 11-year-old girl, broke the string of her pyjama, and attempted to drag her beneath a culvert.
Justice Ram Manohar Narayan Mishra, in his judgment, ruled that merely grabbing the breast does not amount to rape. Instead, he stated that such an act falls under the category of assault or use of criminal force with intent to disrobe or compel a woman to be naked. The High Court directed that the accused be charged under assault provisions along with Sections 9 and 10 of the Protection of Children from Sexual Offences (POCSO) Act, which cover aggravated sexual assault and carry lesser penalties compared to rape charges.
The ruling sparked widespread criticism, with legal experts and activists calling it regressive and insensitive. With the Supreme Court’s intervention, further hearings will determine the final legal stance on the case.
