Supreme Court Halts ‘Grabbing Breasts Not Rape’ Ruling, Slams ‘Insensitivity’
The Supreme Court stayed the Allahabad High Court’s ruling that acts like grabbing breasts or breaking a pyjama string do not qualify as an attempt to rape. The top court called the judgment “inhuman” and showed “a lack of sensitivity.”
A bench of Justices BR Gavai and Augustine George Masih halted specific paragraphs from the high court’s March 17 ruling. The court also sought responses from the Centre and the Uttar Pradesh government while involving Solicitor General Tushar Mehta and Attorney General R. Venkataramani.
The Supreme Court acted after the women’s rights group, We the Women of India, challenged the controversial ruling. The court criticized the Allahabad High Court for delivering the judgment four months after reserving it, indicating a lack of urgency and empathy.
Justice Ram Manohar Narayan Mishra of the Allahabad High Court had passed the ruling while hearing a criminal revision plea by the accused. The court had reclassified the charges under Section 354-B of the IPC (assault with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault).
The case involved two men accused of grabbing the breasts of an 11-year-old girl, breaking her pyjama string, and attempting to drag her under a culvert in Uttar Pradesh’s Kasganj district. Witnesses intervened, causing the accused to flee. Despite these claims, the Allahabad High Court argued that the prosecution did not prove the case went beyond preparation to constitute an attempt to rape.
The Supreme Court’s intervention highlights the judiciary’s role in ensuring sensitive handling of sexual assault cases and preventing insensitive legal interpretations.
