Supreme Court stays Allahabad High Court’s ruling ‘grabbing breasts not rape’, calls it ‘Insensitive’

The Supreme Court of India on Wednesday has put a stay Allahabad High Court’s controversial ruling which says ‘grabbing breasts is not rape’. The apex court stayed this order saying that the judgement has a “total lack of sensitivity”.

The Allahabad High Court while hearing a child abuse case had observed that the grabbing of breast and pulling the string of a pyjama cannot be called as attempt to rape. The Judge further said that the prosecution must go beyond this “stage of preparation” to prove its charges against a rape accused.

A Supreme Court Bench comprising Justice BR Gavai and Justice Augustine George Masih has observed that it was upset at certain observations made in the HC verdict. The Bench further stated that certain observations within the verdict were “unknown to cannons of law and showed inhuman approach”.

The apex court has issued notices to the Centre and the Uttar Pradesh government seeking their replies in the matter. The Supreme Court has also sought the assistance of solicitor general Tushar Mehta and attorney general R Venkataramani.

What did the Supreme Court say?

“We are at pains to state that it shows total lack of sensitivity on part of the author of the judgment. It (the order by High Court) was not even at the spur of the moment and was delivered four months after reserving the same. Thus, there was application of mind. We are usually hesitant to grant a stay at this stage. But since observations in para 21, 24 and 26 is unknown to cannons of law and shows inhuman approach. We stay the observations in said paras,” Bar & Bench quoted the Supreme Court’s order.

What did the Allahabad High Court say on rape?

The judgment being criticised by the Supreme Court was delivered on March 17 by Justice Ram Manohar Narayan Mishra of Allahabad High Court. The judge was hearing the accused’s challenge to a lower court order summoning them under Section 376 of Indian Penal Code, which deals with rape.

The Allahabad High Court hit the headlines last week for its verdict altering the rape charges against two accused individuals named Pawan and Akash. Justice Ram Manohar Narayan Mishra observed that actions such as grabbing the child’s breasts, breaking the string of her pajamas and attempting to drag her beneath a culvert did not constitute the offence of rape or attempt to rape.

The lower court had summoned the accused under IPC Section 376, relating to rape, read with Section 18 of Protection of Children from Sexual Offences (POCSO) Act. Striking this down, the High Court judge had stated, “In order to bring out a charge of attempt to rape the prosecution must establish that it had gone beyond the stage of preparation. The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination.”

Why did Supreme Court intervene?

The Supreme Court took suo motu cognizance of the case after an organisation named ‘We the Women of India’ approached the apex court flagging the Allahabad High Court’s March 17 order.